FINAL' REPORT 



Kl 



VIRGINIA COMMISSIONERS 



lARyLiD AND VIRGINIA BODNDART 



GOVERNOR OF VIRGINIA. 



^ni OF co/yg^ 
1881 



-RICHMOND: 

R. F. WALKER, SUPT. PUBLIC PRINTING. 

1874. 



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COMMONWEALTH OF VIRGINIA, 
Executive Office, January 26th, 1874. 

To the Senate and House of Delegates: 

I have the honor to transmit herewith the able and exhaustive 
final report of the commissioners on behalf of this state,^upon the 
boundaries between Maryland and Virginia, together with the accom- 
panying papers, and to commend to your careful consideration the 
important interests to which they refer. 

JAMES L. KEMPER. 



REPORT. 



RICHMOND, VA., January 15th, 1874. 

The undersigned, comnaissioners on the part of Virginia, submit 
their final report upon the boundaries between the states of Maryland 
and Virginia. They now condens e the propositions which they have 
maintained, referring to their "statement" heretofor^i^^ci^br the 
authorities, and proofs and arguments which support them* s et forth 
the tenders of compromise which they have made^ and the disagree- 
ment with the commissioners on the part of Maryland, which has re- 
sulted from their acceptance of no compromise, and their extreme 
claim of limits, which could not be acceded to by commissioners on 
the part of Virginia. 

Proposition I. 



By the charter of James I. dated April 10th, 1606, all the terri- 
tory claimed by Great Britain in North America, then called Virginia, 
lying between 34° and 45° N. L., was granted to two companies, the 
London and Plymouth companies. The former was authorized to 
plant a colony between 34° and 41° N. L.; and the latter was autho- 
rized to plant one between 38° and 45° N. L.; hut the last lolanted 
should not he within one hundred miles of the other first estahlished. 
The London company made its first settlement the 13th day of May, 
A. D. 1607; and, before the Plymouth company made any settlement or 
planted a colony, the second charter was granted in May, 1609. This 
last charter granted to the London company two hundred miles north 
and two hundred miles south, from Point or Cape comfort, and from 
the Atlantic ocean east to the Pacific ocean west. This belt of ter- 
ritory was from ocean to ocean in length, and 400 miles wide, from 
34° to 40° N. latitude. Thus, under the first grant, the territories 
of the two companies over-lapped each other from 38° to 41° N. L.; 



three degrees, and a space between their plantations luas left unset' 
tied, except by the Indians. And this state of the grants left an open- 
ing for the grant afterwards to Lord Baltimore, who could not, being 
a Catholic, take the oath of supremacy and allegiance in the colony 
of the London company, afterwards specially called Virginia. And 
the two parallels of N. latitude, 38° and 40°, being thus cardinal 
lines between the London and Plymouth companies, this formed the 
reason why this comparatively vacant territory, as far north as 40° 
N. L., and as far south as Watkins point, under the parallel of 38° 
N. L. was chosen for the limits of the grant to Lord Baltimore. The 
bend of the Potomac river, being a little south of the parallel of 40° 
N. L., was made a natural boundary on the western shore of the Ches- 
apeake bay, and Watkins point, under 38° N. L., was made the south- 
ern boundary of Maryland on the eastern shore of that bay. 

ThA"^ Vas a third charter granted to the London company, the only 
'part of which material to the question of boundary is that which pro- 
hibited Papists from settling in the limits of the colony of Virginia, 
which prohibition was enforced by a series of colonial statutes. 



IL 



The charters of the London company were cancelled by a judgment 
of the Court of King's Bench, pronounced in a case of quo warranto 
depending in that court at its Trinity term, in the year 1G24. That 
judgment affected the rights of the company only, but not the rights 
of the colony. The same powers of government which the charters 
had vested in the company, loere revested in the Croiun; and the same 
title to the land within its chartered limits, which the charters had 
vested in the company, was revested in the Crown. At this juncture 
of the time, 1624, when the charters of the company were revoked, 
James I. died; and he was succeeded by Charles I., who was at heart 
a Papist, and the particular friend of Lord George Baltimore. The 
latter, dissatisfied with his colony at New Foundland, petitioned the 
king for a grant in Virginia. In 1629, he visited Jamestown, in per- 
son. The oaths of supremacy and allegiance were tendered to him, 
he delined to take them, and he was thus driven to take a grant of 
territory hjing in the unsettled portions of the country common to Vir- 
ginia and New England, north of 38° N. L., and between that par- 



■uUel and 40° N. L. This history is important because it shows the 
reason lohy the grant to him was located so as to he not north of 40*^ 
and not south of 3S° N. L. 



III. 



George, Lord Baltimore, petitioned for his patent in 1629, but be- 
fore it was completed he died, and in 1631, the first grant of Mary- 
land was made by Charles I. to Cecilus Calvert, Baron of Baltimore, 
in Ireland, &c. 

The undersigned have sought from every source in their reach, the 
best copies of the Charters in Latin, and the best translation thereof 
and now present all of it which relates to boundary, to wit : (the 
Latin and English alternating.) 

" Totam illam partem peninsulas 

All that part of the peninsula 

" Live Chersonese, jacentis in partibus 

or Chersonese, lying in the parts 

*' Americse, inter oceanum ex oriente et 

of America, between the ocean on the east and 

" Sinum de Chesapeake ab occidente, 

the bay of Chesapeake on the west, 

"A residus ejusdem per rectum lineam, 

divided from the residue thereof by a right line, 

^' a promontoris live capite terra, vocato 

•drawn from the promontory or head-land, called 

" Watkins' point, juxta vinum pradictum, 

Watkins point, situate adjoining the said bay, 

" prope fluvium de Wighco, situats ab occidente, 

near the river of Wighco, from the West, 

" usque ad magnum oceanum in plaga orientali, 

as far as the main ocean on the Eastern shore, 

" ductam divisam, et inter metam illam, 

and between that bound on the south, 

''a meridie usque ad partem illam oetuarii, 

unto that part of the estuary of Delaware 

" de Delaware ab aquilone qu?e 

on the north, which lies under the 



8 

" subjacet quadragesimo gradui latitudinis 

fortieth degree of north latitude from 

" Septentrionalis ab fequinoctiali, ubi 

the equinoctial, where New England is 

" terminatur Nova Anglia; totum que 

terminated; and all that tract of land 

"illius terra3 tractum infra metas subscriptas, 

within the bounds underwritten, to wit: 

" videlicet, transeundo a dicto a3stuario 

Passing from the said estuary, called Delaware 

" vocato Delaware recta linea, per gradum 

bay, in a right line, along the degree aforesaid, 

" pra3dictum usque ad verum meridianum 

unto the true meridian of the first fountain 

" primi fontis fluminis de Pottowmack, 

of the river Potomac, thence turning 

" diende vergendo versus meridiem ad 

towards the south to the further bank of 

" ulteriorem dicti fluminis ripam, et earn 

said river, and following the same on that 

"sequendo earn qua plaga occidentalis ad meridion- 

side where the western shore looks 

*' alem spectat, usque ad locum 

towards the southern "(shore)" unto a 

"quendam appeUatum Cinquack, prope 

certain place called Cinquack, situate 

•'ejusdem fluminis ostrum situatum 

near the mouth of the same river, 

" ubi in pra^fatum sinum de Chesapeake 

where it disembogues into the aforesaid bay 

•^'evolitur; ac inde per lineam brevissimam 

of Chesapeake; and thence by the shortest line 

" usque ad pra3dictum promontorium live 

to the aforesaid promontory or place 

" locum vocatum Watkins' point; ita quod 

called Watkins' point; so that the whole 

" totus tense tractus per lineam prcedictam 

tract of land divided by the line aforesaid, 

" inter magnum oceanum et Watkins' point, 

between the main ocean and Watkins' point. 



" divisus usque ad promontorium vocatum 

unto the promontory called Cape 

" Cape Charles, et singula sua appendentia, 

Charles, and all and singular their appurtenances, 

" nobis hteredibus et successionbus nostris 

may remain excepted forever to us, 

" intfegre remaneant excepta imperpetuum 

our heirs and successors." 

This original charter, when closely scanned, must be held as never 
having granted to Lord Baltimore the bed or isles, or south or right 
bank of the river Potomac. 

The initial point of boundary between the two colonies, was Wat' 
kins' point, on the Eastern shore of the Chesapeake bay. 

That two such colonies should have had no beginning and no ter- 
minating point for boundaries, is not more absurd than the pretension 
now set up by the commissioners on the part of Maryland, that the 
point of beginning and of terminating the lines between the two colo- 
nies luas never ascertained. As will be shown hereafter, the point was 
identified and,acknowledged by agreement of the two colonies, and the 
very angle of it fixed, whence to run the line on the Eastern shore, 
and the line was run and marked in 1668, /rom that angle of Wat- 
kins' point, over the Pocomoke river, {tioo natural marks,) hy a right 
line to Swanseagut creek, (another natural mark,) on the sea side of 
the Peninsula, and thence continued a right line to the main ocean. 

No other line but that on the Eastern sbore was run by the com- 
missioners who acted in 1668. The line was run between Maryland 
and Pennsylvania afterwards. William Penn deprived Lord Balti- 
more of some 16 miles of territory in width, south of 40° N. L., leav- 
ing the western boundary of Maryland with Virginia, to be settled. 
And that western boundary of Maryland with Virginia, is referred to 
now to aid in deciding the question: on ivhich hank of the Potomac 
did the line between Maryland and Virginia begin and run oji the 
Western shore of the Chesapeake bay ? This question can be deter- 
mined only by comparing the original charter with a diagram of the 
river Potomac. 

Michler states in his report upon the meridian of the first fountain 
of the Potomac, that after beginning at the first fountain of the Po- 
tomac and running north some tioo miles and a half, he came to the 
river Potomac, there running a N. west course. 
2 



10 

This at once shows that this river starts north of east from its foun- 
tain and turns N. west to cross the meridian of its fountain, and thence 
turns south of west again to get its general course, first east, then N. 
east to Hancock; thence S. east to its mouth; and the map shows that 
the north headland at its mouth. Point Lookout is a peninsula with 
its eastern shore on the Chesapeake hay, and its western shore on the 
river; that Point Lookout lies N. west from Smith's point, the south 
headland at the mouth of the river Potomac; that Cinquack was loca- 
ted at or near Smith's point, and that the loestern shore of the Poto- 
mac, at Point Lookout, is the only place where the shore of the Poto- 
mac looks towards a place then called Cinquack. With this held in 
the mind, we can rationally comprehend the dispute and its exact 
points of difference. 

1st. Maryland claims that by the charter of Lord Baltimore, the 
standpoint of the grantor was on the 40th parallel of N. L. That is 
granted. 

2nd. She next claims that the line turning south " to t\\Q further 
bank of said river," necessarily ran to the south or right hank of the 
Potomac. Virginia, on her part, claims that this could not be so 
from the course of the river, for by the survey of Micljler, the left or 
north bank was the ^^ further bank of the river," at the point where it 
was cut hy the meridian of the first fountain thereof, traced from the 
parallel of 40° N. L. 

3rd. Maryland to this replies that whatever be the map of the river 
at its source, the line was to he run to a 'place called Cinquack, and 
the river loas not to he crossed hy it, hut the line loas to continue on 
the same hank of its heginnincj to that place; and that place was at 
or near the mouth of the Great Wicomico, near the mouth of the 
Potomac; or, by an old map now in possession of the historical society 
of Maryland, was located at or near Smith's point. To this Virginia 
replies, that the charter does not require that the line, on whichever 
bank of the river it was to run, should run to Cinquack; but that it 
required that the line should "follow the same (further bank of the 
river on which it was to begin)." On " that side where the western 
shore looks towards the southern shore unto a certain place called Cin- 
quack, situate wear the mouth of the same (Potomac) river, near where 
it disemhogues into the aforesaid hay (Chesapeake)." This called 
for a line to a place on the northern or left bank of the river which 
looked (specktat) towards Cinquack on the south, not to Cinquack 
but to a place where the western shore looked to " the southern shore 



11 

•unto Cinquack." And "Point Lookout" is the place and only place 
ansivering this description of the grant. And the Cinquack located 
by Smith's map could not he the Glnquack meant because it is not at 
or near the mouth of the Potomac ivhere that river disembogues into 
the Chesapeake bay. Smith's point is more likely meant as the part 
of the territory called Cinquack, the dominion of a chief whose wig- 
wam only was located by Smith where the Big Wicomico disembogues 
into the bay, ten miles, at least, south of the Potomac river. 

Thus, it is contended, that by the original charter to Lord Balti- 
more, he was granted only to the north bank of the Potomac river. 
But Virginia founds her claim upon much higher grounds than that 
of critical construction of the first charter to Lord Baltimore. 



IV. 



Whatever were the boundaries originally fixed by the grant to Lord 
Baltimore, the grant itself was immediately contested by the colony 
of Virginia, and its legality was never decided by the courts to whom 
the question was referred, to this day. But it was revoked by 
the revolution in Great Britain of 1649. On the 12th of March, 
1651, a convention was entered into between the commissioners of the 
Parliament of England, and the governor, council and Burgesses of 
Virginia, which surrendered the colony to the commonwealth, and 
annihilated the royal government and prerogative in Virginia. By 
the articles "a^ the surrender of the countree," it was solemnly agreed 
and concluded. 

4th. That Virginia shall have and "enjoy the anchient bounds and 
lymitts granted by the charters of the former kings, and that we shall 
seek a new charter from the parliament' to that purpose against any 
that have intrencht upon the rights thereof." 

Thus, the royal grant to Lord Baltimore was annulled by "conven- 
tion and treaty," made by the sovereignty of Great Britain, then gov- 
erning in fact and of right; and by the same highest authority, the 
^'a7icie7it bounds and limits granted by the charters of the former 
kings" were restored to Virginia. This was by treaty made by and 
^with a sovereignty defacto et dejure. 



12 



V. 



But the limits and bounds of Virginia were not only restored hy 
the commonwealth of England, but all of her territory lying between 
Potomac and Rappahannock rivers, called the Northern Neck, inclu- 
ding the river Potomac and all its isles, was regranted to her by Charles 
II, then at St. Germains, through a grant to Henry, Lord Germains, 
Earl of St. Albans, and Ralph, Lord Hopton, first in 1651, and after- 
wards recited and confirmed, by a grant dated 8th May, 1667, as 
shown by the "Public Record Office of England, Chancery Patent 
Roll 21, Charles II." These patents embraced all the territory 
bounded by and within the head of the rivers of "Tappahannock, 
alias Rappahannock, and Quinough or Pattowmack rivers, the courses 
of the said rivers, as they are commonly known, &c., together luith 
the rivers themselves, and all the islands within the hanks of said 
rivers, and all the looods, &c., &c., with sundry provisions. 

That this grant was not to infringe or make void or prejudice any 
contracts or grants, &c., theretofore made by the governor or governors 
and council of Virginia, &c., made before the 29th day of Sept'r, in 
the 13th year of the reign of Charles II. And these grants were pro- 
hibited from acting or intermeddling in the military affairs, or forces,. 
in the territory, or with the government or command of any castles or 
forts thereof, without the order, aicthoriiij and command of the gov- 
ernor and council of Virginia for the time being, hut the same shall 
remain, continue and he in the governor and council of Virginia; 
and that the governor and council and assembly of Virginia, for the 
time being, shall have full power and authority to lay any tax and 
impositions in and upon the said territories hereby granted. 

Thus granting, with the reservations named, the M\ pro2^rietary 
rights to the individual pro^^rietors or grantors, and to the governor, 
council and assembly of the colony of Virginia, full military and 
civil 2)oiuer of government over the Northern Neck and river Potomac. 
And on the petition of Francis Morryson and others, agents for the 
governor, council and Burgesses, " of the country of Virginia, and ter- 
ritory of Accomac," and on the report of the king's council, at White- 
hall, confirmed by the king, present in council, on the 19th November, 
A. D. 1675, the governor, council and commonalty of Virginia were 
authorized to 'purchase the lands contained in the grant to the Earl of 



13 



St. Albans. And thus the colony of Virginia became seized of the 
entire territorij of the Northern Neck, and of the entire river Poto- 
mac and its waters a.nd isles in the luhole course thereof, indepe7idenf 
of the charter to Lord Baltimore. 



VI. 



Carefully examined, the river Potomac named in the grant to Lord 
Baltimore, was the Quinough; and the river of that name never em- 
braced the north and south branches of the Potomac, as it is now 
known. Those branches were respectively called by distinct names from 
the Quinough; the north branch was called the Cohongaroota, and the 
south branch was the Wapopocomo, and the Quinough extended only 
to the falls of what is now known as the Potomac. But the boundary 
mark was fixed by Lord Fairfax, at the first fountain of the north 
branch or Cohongaroota, as found by Michler, and the stone there 
now is the recognized point of beginning on the Potomac river. 



VIL 



Lord Baltimore was restored to his proprietary right in Maryland 
by Charles II, subject to the grant made to Lord Hopton. The lat- 
ter grant was never disturbed or questioned by Lord Baltimore, by 
any proceedings before the courts of law or at the Court of St. James. 
He yielded the whole Northern Neck to Lord Fairfax, and how and 
when and by what authority or act did he ever regain the Potomac 
river.^ Both alike, the land and river, were granted, and the two 
were alike retained within the jurisdiction of Virginia. 

# 
VIII. 



But there was a controversy about the boundary between tiie two 
colonies on the Eastern Shore, the history of which is remarkably 
well preserved, which threatened a civil war about the territory bor- 
dering on the Manokin and Big Annamessex rivers, and the Nanticoke 
sound, and the bay into which the Wicomico river, on the Eastern 



14 

Shore, empties. This caused the "Grand Assembly, held at James- 
City, Sept'r 10th, 1663, the 15th year of Charles II, to pass act 2nd, 
an act concerning the bounds of this colony on the Eastern Shore." 

It commanded all his majesty's inhabitants of the Eastern Shore 
of Virginia, from Watkins' point southward, to render obedience to 
his majesty's government of Virginia, and make payment of his 
majesty's rents and all publick dues to his majesty's colony of Vir- 
ginia. It truly claimed Watkins' point to be the Lord Baltimore's 
southernmost bounds on the Eastern Shore; declared that "five able 
selected surveyors and two Burgesses" had made due examination 
thereof, and the grand assembly had concluded "the same place of 
Watkins' point to be the north side of Wicocommico river on the 
Eastern Shore, and near unto and on the southside of the straight 
limbo, opposite to Patuxent river." And Edmund Scarborough, John 
Catlett and Richard Lawrence, or any two of them, whereof the sur- 
veyor-general (Edmund Scarborough) was to be one, to give notice 
at Manoakin, or any other convenient place, and give a meeting to 
the Lord Baltimore's lieutenants or deputies, &c., &c., and to report 
to his majesty's governor and council of Virginia. Edmund Scarbo- 
rough made his report in 1663, that he had taken "fourty horse for 
pomp of safety " with him, and took formal possession of the country 
as fur north as Manoakin. 

This brought him into collision with the authorities of Maryland,, 
and caused the Governor of Maryland to invoke the co-operation of 
the Governor of Virginia; and the result was, that the two colonies, 
respectively, appointed commissioners, one each, to adjust and settle 
the whole controversy in respect to boundary on the Eastern shore, and 
in respect to any conflict of land titles growing out of disputed limits 
of the two colonies. 

Philip Calvert, the nephew of Lord Baltimore, and the Chancellor 
of Maryland, was appointed on the part of Maryland, and Edmund 
Scarborough, Surveyor General of Virginia, was appointed on the part 
of Virginia. Their acts were to be final, and they were instructed 
^^ to meet upon the place called Watkins' point, an^ thence to run a 
divisional line to the ocean, sea, <&c." This instruction they obeyed, 
and on the 25th day of June, 1668, they made the report of their 
agreement, under their hands and seals. 

This history and their report is found fully preserved in the archives 
of Maryland, in Council Books, from 1656 to 1658, and from 1669' 



15 

to 1673, DOW in the keeping of the Historical Society of Maryland, 
Baltimore; and their report is as follows: 

"Articles of agreement between Philip Calvert, Esq., Chancellor of 
Maryland, deputed by the governor of said province to treat and con- 
clude upon the bounds of the said province, and Col. Edmond Scar- 
borough, His Majesty's Surveyor-general of Virginia, authorized and 
commanded to lay out the bounds of Virginia: 

I. — Imprimis. It is agreed that all persons who have surreyed or 
patented and seated land on the seaboard side, in the right of Virgi- 
nia, and now fallen within the divisional line, shall enjoy their said 
lands, they taking a patent from the lord proprietary of Maryland, 
and within seven years entering rights in the said province, and pay- 
ing the half fees to the surveyor-general, and full fees to the secretary 
and chancellor. 

II. — Item. All such as have already patented any lands in right 
of Virginia, in any other place within the line aforesaid, which is not 
also patented in Maryland, shall have the privilege in the foregoing 
articles, upon such terms as in the said article is expressed. 

III. — Item. All such who have patented and seated lands in right 
of Virginia, which do fall within the line aforesaid, and are patented 
likewise in Maryland, but not seated in the same right, shall enjoy the 
same, unless it can be proved they have seated said lands in defiance 
and despite of the said government, after warning given, provided 
they take patents, enter rights, and pay fees, as in the first articles is 
agreed. 

IV. — Item. If any land shall chance to be patented, only in ri^ht 
of Virginia, for which there is also a patent in Maryland, the patent 
in Maryland shall carry the land. In witness whereof, the said Philip 
Calvert and Edmond Scarborough, have hereunto set their 

(Signed,) 

PHILIP CALVERT, 
EDMOND SCARBOROUGH." 



16 

And in the same record, dated the same day, is found the following; 

"Whereas his royal majestie's commission to the surveyor-general 
of Virginia, commands, setting out the bounds of Virginia with refer- 
ence to his majestie's hon'ble governor and council of Virginia, from 
time to time, to give advice and order for directing the said surveyor- 
general to do his duty appertaining to his office. In order thereunto 
his majesty's hon'ble governor and council have, by letter, moved the 
hon'ble, the Lord Baltimore's lieut.-gen'l of Maryland, to appoint 
some fitting person to meet upon the place called VVatkins' point, 
with the surveyor-general of Virginia, and thence to run the divisional 
line to the ocean sea, &c. 

"The Hon'ble Philip Calvert, Esq., chancellor of Maryland, being 
fully empowered by the hon'ble lieut.-general of Maryland, and Ed- 
mund Scarborough, his majesty's survej'^or-general of Virginia, after 
a full and perfect view taken of the point of land made by the north 
side of Pocomoke bay and the southside of Annamessex bay, have 
and do conclude the same to be Watkins' point, from which said 
point, so called, we have run an east line agreeable with the extremest 
part of the westernmost angle of said Watkins' i^oint over Pocomoke 
river to the land near Robert Holston's, and there have marked certain 
trees, which are so continued by an east line running over Swanseagut 
creek into the marsh of the sea-side, with apparent marks and boun- 
daries, which, by our mutual agreement, according to the qualifica- 
tions aforesaid, are to be named as the bounds of Virginia and Mary- 
land, on the Eastern Shore of Chesapeake bay. 

" In confirmation of which concurrence, we have set our hands and 
seals this 25th day of June, 1668. 

" (Signed,) 

""PHILIP CALVERT. [Seal.] 

"EDMUND SCARBOROUGH. [Seal.]" 

This settlement and adjustment was final and complete in itself 
It was so not only in itself by its power and appointment, but, as 
will be hereafter shown, it was confirmed, approved, adopted and ad- 
hered to by Lord Baltimore; it was mapped in 1695, as the true line 
actually run, as shown by a map in the historical society of Maryland, 
in Baltimore; it was confirmed, recognized and adopted by Maryland 
in laying ofi" the county limits of Worcester county, Maryland, in the 
year 1742; has been the only line on the Eastern Shore ever since 1668; 



17 

and is recognized by the historians ot Maryland, especially by Kilty 
and McMahon and Bozman, as the settlei line on the Eastern Shore 
between the two states. It is a settlement of the line, on the Eastern 
Shore only, and refers only to that line, except in two particulars, to- 
wit: it fixes the i7iitial point for the tvhole line to hegi^ at, and fixes 
the point for the tohole line to terminate at; the " extretnest part of 
the loesternmost angle of Watkins' point." 

And that angle, then determined, is still the loesternmost angle of 
Watkins' point, and Watkins' point is still defined, as it ivas then; 
and whatever is uncertain now as to any part of the line then run, 
can easily be made certain by the parts which are now certain, for the 
line was "« right line," hy the charter, or an east line, by the agree- 
ment, and more than sixteen miles of it are still marked. It varies 
from an east line from its beginning by 5° 15' only, and that is ac- 
counted for by the variation of the compass then, which is not enough 
to disturb a long established and adopted boundary; and conformity 
to the charter is the essence of the act of the commissioners, which 
cannot be affected by so slight a variation from their real agreement. 
There is nothing else in fact or form which impairs, in the least, this 
adjustment, and it stands confirmed for the period of over two centii- 
lies. The north headland of Little Annamessex, on Janes' island, is 
still the westernmost angle of Watkins' point, notwithstanding all 
the washings of the coast, is midway between the southern shore of 
Big Annamessex, and the northern shore of Pocomoke sound, on the 
east coast of Tangier sound; all the marks, numbering over two hun- 
dred, still remaining, point to it in the same line; it was easily found 
and run to by De La Camp, in his survey, and can be identified at 
all times, with mathematical or topographical certainty. 



IX. 



The king was informed of the settlement of the initial point, and 
of the line on the Eastern Shore, and ordered Lord Baltimore, by his 
letter to him of 19th August, 1682, to proceed to ascertain the boun- 
daries of Maryland and Pennsylvania, "6?/ an admeasurement of the 
tiuo degrees north from Watkins' point, the express south hounds in 
your patent, and already settled hy commissioners hetioeen Virginia 
and Maryland." This was again repeated in the letter, and the com- 
putation was directed " of sixty English miles to a degree." 
3 



18 

Lord Baltimore, thus instructed by the king, has left two memoirs 
of his conferences with Wm. Penn. The first was held the 13th Dec'r, 
1682. He acknowledges Watkins' point to be his southern boundary 
on the Eastern Shore. He urged, in fact, and so says, that he could 
not assent to the proposition of Penn, to begin from a point for his 
southern boundary south of Watkins' point, because his southern 
boundary on the Eastern Shore icas already settled by commissioners, 
and the first person of six, who certified his statement of the conference 
•with Penn, was Philip Calvert, his commissioner, who settled the very 
part of Watkins' point as the initial point of his boundary. In fact, 
he records himself as admitting: "J/?/ southern bounds being Wat- 
kins' 2^oint, loas so determined by commissioners from his majesty 
and others from my father." He fully claimed, as well as admitted, 
that the line from Watkins' point was fixed, and that he was bound 
by it. 

Another conference was held between him and Penn at New Castle, 
Delaware, Tuesday, the 29th day of May, 1683. He still more 
urgently insisted that his southern bounds had been fixed by measure- 
ment, and asked why his northern bounds could not be measured too. 



X. 



On the opinion of Lord Chf. J. Holt, and for reasons assigned by 
George Tuby, att'y-gen'l, Maryland was seized by the king, and a 
ofov'r therefor was commissioned March 12th, 1691. Lord Baltimore 
was deposed from that date to the period of 1715, when he was re- 
stored to his lord lieutenancy by George I. Thus, from 1633 to 1715, 
for a period of 82 years, his title to Maryland was never quiet. And 
\he question arises, to what was he restored in 1715.^ Delaware, part 
of Pennsylvania, and the grant to Lord Hopton were all dismembered 
from his limits. And be accepted a restoration of his lord lieutenancy, 
subject to these dismemberments, the last as well as the other two. 



XI. 



The colony of Maryland, as a colony, also confirmed the line run 
by Calvert and Scarborough. " Maryland Council Proceedings, Liber 
H. H., folio 268," show that in 1666 the county of Summerset was 



19 

laid off on the Eastern Shore. Its limits then described by a line on 
the south drawn from Watkins' point, being the north point of that 
bay, into which the river Wighco (meaning the Pocomoke) empties 
to the ocean on the east, &c. This, in effect, was a line from what is 
called now Cedar Straits to the ocean on the east. But this was laid 
off in the year 1666, tioo years he/ore the line run by the commissioners, 

Calvert and Sca7-horough, between the tiuo colonies in . The 

colonial line, of course, changed the exparte county line bordering on 
Virginia. This is proved by Maryland herself. In 1742 her county 
of Worcester was, by her, carved and laid off out of the limits of the 
elder county of Summerset; and Worcester county was laid off exactly 
on the Calvert and Scarborough line east of the Pocomoke river. This 
county was laid off after the year 1668, and, of course, observed the 
colonial line then run by the commissioners, Calvert and Scarborough. 
And this accounts for the preservation of marks east of Pocomoke 
river, whilst they are obliterated west of that river. 

This fully confirms the state line. And this record of the boundary 
of counties, is confirmed by the records of the county of Summerset, 
describing a highway and a hundred in 166 6-7. 



XII. 



This is confirmed, too, by patents recognizing the divisional line 
between the two colonies. Patents can be shown for every foot of 
land on the Eastern Shore, granted by Virginia, from Watts' island 
to near Nanticoke sound, on the bay, and to Swanseagut on the sea- 
side north, especially embracing the southern end of Smith's island, 
whereon Maryland granted the north side and Virginia the southside 
of the same tract of 2,000 acres called Pittscraft. 

And patents were taken from Virginia especially by such citizens 
of Maryland as Daniel of St. Thomas Jenifer, and Daniel Jenifer and 
Ann Toft, his wife and others on the Eastern Shore. These patents 
date from long before 1668 down to the year 1S41, the last being to 
one of the present commissioners of Maryland. Deeds also confirm 
these positions on the Eastern Shore; and Ferries confirm the claims 
of Virginia to the Potomac, besides various separate and concurrent 
statutes of the two colonies and states touching the regulations of 
lights and buoys, &c. 



20 



XIII. 



The boundary between Maryland and Virginia was fixed by Great 
Britain to be on the north bank of the Potomac by the treaty of Paris, 
between Great Britian and France, on the 10th February, A. D. 1763. 



XIV. 



But whatever the boundaries of Virginia were before the revolution 
of 1776, they were then and afterwards fixed by her state constitution 
of that date; by her cession of her N. west territory to the U. States, 
inducing Maryland to join the confederation of states, on the condition 
of recognizing her boundaries, as then claimed by her. She then 
claimed the Potomac river, and the boundary laid off on the Eastern 
Shore; and Maryland accepted her part of the cession made by Vir- 
ginia. This estops her claim of any other boundaries, well or ill 
founded now. 



XV. 



Maryland, by her authorities of the county of Summerset, recog- 
nized the limits of Virginia, as claimed by her in 1776, as late as the 
16th June, 1835. The court of Summerset county, Md., then ap- 
pointed commissioners " to lay ofi* so much of Smith's island as lies 
within the body of Summerset county aforesaid, into a separate and 
additional election district, before the 1st April, 1835. The commis- 
sion was dated April 8th, 1835, and their report was made and con- 
firmed June 16th, 1835. Their report shows that they started at 
Drum point, on the east side of the island, ran westwardly to the bay 
to Sassafras hammock lying on the bay shore; thence by and with the 
bay shore to Kidge's straits; thence by and with the sound to Drum 
point."' This line runs nearly through the great thoroughfare of 
Smith's island, and conforms nearly exactly with a right line from 
Point Lookout to the headland of L. Annamessex, fixed as the initial 
point on Watkins' point, as established in 1668, and verified by De 



21 

La Camj) in 1858. And now the commissioners of Maryland claim 
the whole of Smith's island, well knowing that if any part of Smith's 
island be admitted to have been in Virginia, the line running either 
from Point Lookout or Smith's point could never terminate at Cedar 
straits as the initial of Watkins' point. 



XVL 



The circuit court of the 8th judicial circuit of Maryland, held the 
3rd day of October, 1854, in effect, decided that the territory in Tan- 
gier sound now claimed by the commissioners of Maryland, and far 
north of Cedar straits, was not within the limits of the state of Mary- 
land. This was tried in two actions — one criminal, and the other 
civil — the one arraigning John Tyler, a citizen of Va., and seizing 
the schooner Fashion, as forfeiture, for vfolating the laws of Mary- 
land, to prevent the catching of oysters; and the other a suit vs. John 
Cullen, a J. P. of Md., by said Tyler, for the arrest and the seizure. 
Tyler was found dredging at Filliby's rock, north of the great rock in 
Tangier sound, far north of Cedar straits and of the south end of 
Smith's island. He was acquitted on the trial of the prosecution, and 
in the civil action recovered $1,000 damages against Cullen, in the 
circuit court of Summerset, Md. The Hon. I. D. Jones, one of the 
present com'rs of Md., defended Cullen, and Mr. Crisfield, after whom 
the town of Crisfield, on Little Annamessex, and the Crisfield R. R. 
there are called, was the attorney for Tyler; and these two gentlemen, 
thus informed of the true line of the two states, at that locality, were 
two of the chief founders of the Crisfield R. road, the wharf of which, 
at Crisfield, just touches the Calvert and Scarborough line. 

This is referred to, to note the remarkable fact that if the location 
of the terminus of this R. road, exactly on the Calvert and Scarbo- 
rough line, as ascertained and run by De La Camp, was a?i accident, it 
was one against the recurrence of tohich any insu7'ance co. ivill insure 
at the least appreciable per cent. In other words, Maryland, her 
county authorities, her courts, her commissioners, her own records and 
archives and her leading and best informed citizens, now and formerly 
of the Eastern Shore, identify and recognize the true boundary on the 
Eastern Shore between her limits and those of Virginia. 

In a word, Virginia is entitled to the river Potomac and its isles to 
its left bank, by the original grant to Lord Baltimore, by treaty with 



22 

the commonwealth of England, by the grant to Lord Hopton, by 
eviction of Lord Baltimore in the time of Wm. and Mary, by his re- 
stricted restoration of grant in 1715, by the treaty of Paris in 1763, 
and by the cession of her N, western territory by Virginia in 1787; 
and she is entitled to the line established by the commissioners, Cal- 
vert and Scarborough, in 166 8 on the E. Shore. 

These propositions were fully sustained by the most ample and suf- 
ficient records, histories, depositions and reports, all exhibited in a 
statement made by com'rs on the part of Virginia to those on the 
part of Maryland; and they made their statement on the part of Mary- 
land; both of which have heretofore been communicated to the execu- 
tive and gen'l assembly of Va. and been printed. Having maturely 
considered both statements and the evidences of titles adduced, the 
undersigned were constrained to conclude: that the jurisdiction of 
•Virginia embraces the Potomac river ; that the true boundary on the 
ivestern shore of the Chesapeake bay between Maryland a7id Virginia 
is the no7ih or left bank of the river Potomac; that the boundary 
across the Chesapeake bay, is a right line from Point Lookout, the 
north headland of the river Potomac, to "the extremest part of the 
loesternmost angle of Watkins' point," lohich is on Janes island and 
is the northern headland of Little Annamessex river on the Eastern 
Shore; and thence by a right line over Pocomoke river and over Sioan- 
seagut creek to the Atlantic ocean, as agreed upon and fixed by the 
sealed agreement of Philijj Calvert, com'r, on the part of Md., and 
by Edmund Scarborough, com'r, on the p>art of Virginia, the 25th 
day of June, A. D. 1668. 

But, in consideration of the relations of amity always existing be- 
tween the states of Maryland and Virginia in all their past history, 
and to prevent discord for the future between them and their citizens 
in respect to riparian rights and the fisheries in the waters embraced 
in the issues of boundary, the effort was made to adopt such compro - 
mises as seemed reasonable and just. 

^• 

At the joint meeting in Baltimore, held in October, 1872, after 
much conference and discussion, and after the statements on both 
parts were heard and considered, the commissioners on the part of 
Maryland proposed that the line of boundary between the two states 
should begin at loio toater mark, on the divisional line between the 
two states of West Virginia and Virginia, on the southwest shore of 
the Potomac river, and thence follow the said shore ot low water 



23 

mark to all wharves and other improvements now or hen^after extended 
by authority of Va. from the Virginia shore, into said river beyond 
low water mark; and following said river around said wharves, &c., to 
low water mark on the southwestern side, down to the easternmost 
angle of Smith's point, at the mouth of said river; thence by a right 
line to the centre of Cedar straits on Tangier sound, near the southern 
end of Watkins' point, and thence by a right line in a southeasterly 
direction to the channel of Pocomoke bay or river nearest to Cedar 
straits; and thence up, by and with the channel of said bay and river 
to a point therein opposite to the place on the east shore of said Po- 
comoke river, ascertained, by Mr. De la Camp, in 1857, as the begin- 
ning on said shore of the divisional line run and marked by Calvert 
and Scarborough in 1668; and thence by and with said divisional line 
as surveyed and laid down on the map made by said De la Camp for 
the joint commissioners of Maryland and Virginia in 18o8, to the At- 
lantic ocean. 

The right of fishing and taking oysters in Pocomoke bay and river 
to be common to the citizens of both states, subject to concurrent reg- 
ulations by the two states. 

1. 

This proposition was respectfully declined by the commissioners of 
Virginia, and they in turn proposed: 

That the northern boundary line of Virginia shall henceforth be 
fixed and established at low water mark on the left or northern shore 
of the Potomac river, for the whole extent of that shore coterminous 
between Maryland and Virginia, to the extreme end of Point Lookout, 
where it disembogues into the Chesapeake bay; thence by a right line 
to the extremest part of the westernmost angle of Watkins' point, it 
being the northern headland of Little Annamessex river; and thence 
by and with the line run by Philip Calvert and Edmund Scarborough 
in the year 1668, over the Pocomoke river and Swanseagut creek, to 
the shore of the Atlantic ocean, on Assateague island! 

-^ 

The commissioners of Maryland respectfully declined tliis proposi- 
tion, and proposed, by way of compromise, their second proposition: 

To begin at the point as described in their first offer of compro- 
mise, and to run, as therein described, to Smith's point; and thence 
by a line, across Smith's island, to the place on Jane's island bar 



24 

where the light-house stands; thence by a right line to the centre of 
Cedar straits; thence to the channel of Pocomoke bay; and thence 
up, by and with said channel, said bay and river, and by and 
with the Scarborough and Calvert line, to the ocean, as described in 
their first offer of compromise. 

y. 

This proposition was declined by the commissioners of Virginia, 
and they then offered their second compromise : 

To establish the part of the Calvert & Scarborough line now marked 
between the right bank of the Pocomoke river and the ocean; and 
from the terminus of said line on the right bank of the Pocomoke 
river, to follow said river thence down the same to the eastern head- 
land of East creek on said river; thence by a right line, to the middle 
of the channel of Cedar straits, and through said straits, northwest- 
wardly, to a point due south from the western headland of said straits; 
thence to low-water mark of the shore of said headland; thence north 
to low- water mark on the shore of the north headland of Little Anna- 
messex river; thence to the j)oint where the 38th degree of N. latitude 
cuts across the Tangier sound and Smith's island, at or near Barnes 
point thereon; thence along the shores of the north end of Smith's 
island at low-water mark, on Kedge's straits, until it reaches the 
shore of that island on the Chesapeake bay; thence following that 
shore at low-water mark, until it reaches the said parallel of 38° N. L., 
at or near the great thoroughfare of Smith's island; thence to run on 
said parallel to the point whert^ the said parallel is cut by a meridianal 
line drawn through the extreme southern angle of Point Lookout, at 
the mouth of the Potomac river; and thence up that river, on the 
main channel thereof, to the point in that river at or opposite to where 
the divisional line between Ya. and W. Va. touches said river Potomac. 

This proi)o8iiion wus respectfully declined by the commissioners of 
Maryland, and then the commissioners of Virginia offered their third 
proposition of compromise : 

That the line between Md. and Va, shall run by and with the main 
chinnel of the Potomac river until it descends to the point where the 
meridianal line drawn through the extreme southeastern angle of 
Point Lookout cuts the parallel of the 38th degree of N. L.; thence 
in a right line to the westernmost angle of Watkins' point, it being 



25 

the northern headland of the mouth of Little Annamessex river; 
thence by a right line to the southwestern angle of the land and marsh 
at Cedar straits, north of these straits; thence to the main channel of 
these straits, north of the most northern of the Fox islands; thence 
due east to the channel of the Pocomoke sound or river; thence up 
the main channel of said sound and river to the place where the Cal- 
vert and Scarborough line was run "over" that river in the year 1668; 
and thence by the marks and monuments on that line, to the shore of 
the Atlantic ocean on the Assateagip island. 

The commissioners on the part of Maryland respectfully declined 
this proposition, and then offered the following compromise: 

To begin at the point on the Potomac river and run down the same 
to Smith's point, as described in their first offer of compromise; thence 
by a right line to the centre of the great thoroughfare of Smith's 
island, called Mister's thoroughfare; thence by and with the middle 
of said thoroughfare to the mouth thereof at Tangier sound, at a 
place called Big island; thence by a right line through the centre of 
Cedar straits, to the channel of the Pocomoke sound or bay; and 
thence up, by and with the channel of said sound and Pocomoke 
river, to the point opposite to the Calvert-Scarborough line, as de- 
scribed in their first offer ; and thence by and with the Calvert-Scar- 
borough line to the Atlantic ocean. 

They announced that this was their last offer of compromise, and, 
if accepted, it must be with the understanding that all existing titles, 
rights, and liens upon the land south of that thoroughfare, granted 
by Lord Baltimore, shall continue in force and be held valid in law 
as if granted by Virginia, &c. 

This proposition was respectfully declined by the commissioners of 
Va., and they announced that they had no other proposition of com- 
promise to submit on their part. 

The com'rs thereupon adjourned, to meet at Richmond, Va., on 
Thursday, the 7th of November, 1872. Failing to meet, owing to 
unforseen and unavoidable causes, according to this appointment,^ 
and other causes intervening to postpone their assembling, the 
commissioners of the two states held their last joint meeting in 
November last; at Baltimore, commencing on the 18th of that 
4 



26 

month. After considering various maps, papers, patents, deeds^ 
and especially a map preserved by the historical society of Maryland, 
said to be dated in the year 1695, which shows that the Scarhorou^h 
and Calvert line ivas run and marked, though it don't lay the line 
down accurately in any particular corresponding with the com'rs' re- 
port in 1668, and especially also a paper signed '■^ James Boyle" in 
relation to the western boundary of Maryland; and after three days 
of conference, the commissions on the part of Virginia oifered as a 
compromise the following proposition in substance: 

To divide by the channel of' Potomac, on the western shore. The 
com'rs on the part of Maryland stated that they preferred to leave 
the boundary on the Potomac as it was left by the constitution of 
Virginia in 1776, and by the compact of the two states in 1785; and 
they proposed to consider the adjustment of the boundary from Smith's 
point, across the Chesapeake bay and the Eastern Shore to the ocean. 
The com'rs of Virginia thereupon called for any proposition of com- 
promise of the line over the Chesapeake bay and across the Eastern 
Shore which the com'rs of Maryland had to submit. 

6, 

And the com'rs of Maryland proposed: 

"The boundary from Smith's point to be a right line across the 
Chesapeake bay, to the centre of Cedar straits upon the Tangier 
sound, near the southern end of Watkins' point; thence by a right 
line in a southeasterly direction to the channel of Pocomoke bay or 
river nearest to Cedar straits; thence up, by and with the channel of 
Pocomoke bay and river, to a point therein opposite to the place on 
the east shore of said river ascertained by Mr. De la Camp in 1857, 
to be the beginning, on said shore, of the divisional line said to have 
been run and marked by Calvert and Scarborough in 1668; and thence 
by and with said divisional line, as surveyed and laid down on the 
map made by said De la Camp for the joint commission of Virginia 
and Maryland in 1858, to the Atlantic ocean. The right of fishing 
and taking oysters in Pocomoke sound or bay and river, and in Tan- 
gier sound from the southern end of Watt's island and Tangier islands 
.to the north end of Deal's island, and west to the Chesapeake bay, 
to be common to the citizens of both states, subject to concurrent 
regulations by the two states." 



27 

This proposition was respectf ally declined by the com'rs of Virginia, 
and the commissioners on the part of Maryland announced that they 
had no other proposition of compromise to offtr. The commissioners 
on the part of Virginia then oflfered the following: 

Q, 

To commence at the point in the mouth of Potomac river where 
the meridian of Point Lookout cuts the 38th parallel of N. L., and 
thence to run a right line to the low water mark of the north head- 
land of Little Annamessex river; thence a right line to low water 
mark at the end of Watkins' point at Cedar straits; thence to the 
channel of said straits; thence a right line to the mouth of East creek 
at the head of Pocomoke sound; and thence on and by the right bank 
of Pocomoke river to the point where the line run by Philip Calvert, 
on the part of Maryland, and Edmund Scarborough, on the part of 
Virginia, in the year 1668, crosses said river Pocomoke; and thence 
by said Calvert and Scarborough line to the ocean. 

This proposition was declined by the com'rs of Maryland; and those 
on the part of Virginia offered the following: 

\0. 

To commence as by the last proposition, and to run on the 38th 
parallel of N. L. until said parallel reaches low water mark on the 
eastern coast of Smith's island; thence to run a right line to the for- 
mer location of a light boat as described in the maps reported by 
Michler and De la Camp, in the years 1857-8-9, near the north head- 
land of Little Annamessex river on Janes island; and thence a right 
line to the channel of Cedar straits; and thence a right line to the head 
of Pocomoke sound and up the Pocomoke river to the Scarborough 
and Calvert line; and thence across the same by the Scarborough and 
Calvert line of 1668, to the ocean. 

This proposition was respectfully declined by the com'rs of Mary- 
land, and the commissioners of Virginia announced that they had no 
other proposition of compromise to submit. And with these proceed- 
ings the joint commission concluded its labors, which were conducted 
throughout with the utmost fairness, with the most faithful regard to 
duty and their very important trust, and with the kindest feelings of 
personal respect. _ 



28 

No one can regret this disagreement more than the undersigned. 
After patient research, study and labor for three years to ascertain the 
truth of history, to find the original muniments of title; and to vouch 
the proof and test the evidence of boundary, and to construct the fair 
arguments and conclusions upon the issues in controversy, and after 
proposing every form of compromise which seemed reasonable and lib- 
eral as well as just, they cannot but profoundly regret that their la- 
bors have been in vain; but, at the same time, must add that, in their 
humble opinions, the state of Virginia must continue to claim more 
than the com'rs of 3Iar7jland consented to yield. The territory and 
eminent domain in dispute involves a very large amount in value — 
no less than all the luater poiver, all the isles, all the alhcvium, and 
all the 'raparian rights and rights of jurisdiction of the river Poto- 
mac bounding the tioo states on the luestern shore of the Chesajjieake 
hay ; and forty square miles of territory hetioeen Little Annamessex 
river and the head of Pocomoke sound and on Smith's island, and 
one hundred and fifty square miles of loaters in the Chesapeake hay 
and in Tangier and Pocomoke sounds, emhracing the main seed-heds 
of oysters in the loaters of the Chesapeake hay and on the Eastern 
Shore. 

The water-power on both banks of the Potomac at the falls above 
Georgetown and Washington city, and the alluvium between George- 
town and the Long Bridge, in front of the public grounds of the gov- 
ernment, and the fisheries and lands on the isles of the Potomac, and 
the territory and the oyster beds on the Eastern Shore, cannot be of 
less value than twenty millions of dollars. Virginia has about 1700 
square miles, and Maryland only about 700 square miles in the Ches- 
apeake, and yet, if Maryland acquires the seed-beds of Tangier and 
Pocomoke sounds, her lesser domain will be as valuable as the greater 
owned by Virginia. 

Whenever the lines are established they should be fixed by monu- 
ments the most permanent. The undersigned are informed that the 
marks of trees and posts east of the Pocomoke river, on the Eastern 
Shore, already begin to be obliterated; that some of them are in heavy 
forests where wood-cutters are at work and where large fires are fre- 
quent. This ought to be attended to at once. 

Another fiict needs immediate attention : The terminus of boundary 
on the shore of Assateague island is now uncertain because it has 
been obliterated by the winds and blowing sounds of the beach, and 
common humanity requires that there should be no uncertainty as to 



29 

which wreck-masters — those of Virginia or of Maryland — shall take 
charge of shipwrecks on that part of the coast. In a word the sub- 
ject is of the utmost concern in point of magnitude and in all of its 
details. 

Having fully performed their duties, and developed the data for in- 
vestigation and the issues to be determined, they submit to the exec- 
utive and general assembly to decide what other and further steps 
shall be taken to maintain and establish the rights of this common- 
wealth to her true bounds and limits. 

They have omitted to notice in this report what is called the Com- 
pact between the two states in the year 1785, because it was a joint 
act which did not pretend even to fix boundaries; because it expressly 
assumed certain boundaries to be in dispute and unsettled; because 
it was but a temporary expedient to regulate commerce and naviga- 
tion between the two states, and because^ in that respect, if not in all 
respects, it has been superseded by the adoption of the constitution of 
the United States. 



Respectfully, 



HENRY A. WISE, 
D. C. DeJARNETTE, 
WM. WATTS. 



To His Excellency James L. Kemper, 

Governor of Virginia. 



MEMORANDA 



OF A 



JOURNAL OF THE VIR&IMIA C011SSI0NER8 



MATTER OF BOUNDARY 



MARYLAND AND VIRGINIA. 



CORRESPONDENCE. 



COMMONWEALTH OF VIEGINIA, 

Office of the Secretary of the Commonwealth, 

Richmond, Decemher 1st, 1870. 
Hon. Henry A. Wise, 

RicJimond, Va.: 
Dear Sir : 

In commuaicating to you the enclosed letter of appointment, 
I am directed by his excellency, the governor, to apprise you that the 
gentlemen associated with you are Hon. D. U. DeJarnett, of Caroline, 
and Col. William Watts, of Roanoke, and to suggest that you invite 
them to meet you at some early day for a conference, and with a view 
of opening correspondence with the Maryland commissioners and ap- 
pointing a time for beginning the work assigned you. 

The governor also directs me to say that in conformity with the 
joint resolution of the legislature, he has made application to the su- 
perintendent of the United States coast survey for the assignment of 
a corps of surveyors, to aid you in the ascertainment and location of 
the line, and for the loan of any maps, charts, &c., that may be of 
use to you, and that he will acquaint you with the response of that 
officer. 

I have the honor to be. 

With great respect, 

Y'r ob. s'v't, 

JAMES McDonald. 



Note. — The contents of this were communicated to Mr. Dejarnett 
and Col. Watts, by a letter addressed to each of them, naming Rich- 
mond, and the 8th inst. as the day of meeting. 

H. A. WISE. 

Decern. 3d, 1870. 

5 



34 



COMMISSION. 



The Commonwealth of Virginia, 

To all to whom these Presents shall Come — Greeting r 

Know ye, That our governor, in pursuance of authority vested in 
the executive by law, hath constituted and appointed Hon. Henry A. 
Wise, one of the commissioners to ascertain and locate the true boun- 
dary line between the states of Virginia and Maryland, in accordance 
with the provisions of a joint resolution of the legislature of Virginia, 
approved June 27, 1870. 

In testimony whereof, these our letters are sealed with the less, seal 
of the commonwealth and made patent. 

Witness — Gilbert C. Walker, Esquire, our said governor, at 

[seal.] Richmond, this 30th day of November, in the year 

1870, and in the 95th year of the Commonwealths 

G. C. WALKER. 
By the governor : 

James McDonald, 

Secretary of the Commonwealth. 



35 



WASHINGTON, December eth, 1870. 
Hon. G. C. Walker, 

Governor of Virginia: 
Sir: 

I have the honor to acknowledge the receipt of youT letter of 
28th ulto.j informing me that you had been instructed by the general 
assembly of the state of Virginia^ to apply to the superintendent of 
the coast survey "for the assignment of a competent corps of surveyors 
to the duty of ascertaining and locating the true boundary lines be- 
tween the state of Virginia and the state of Maryland, North Caro- 
lina and Tennessee," and requesting "to be informed as early as con- 
venient, whether under the laws and instructions controlling the U. 
S. coast survey, such an assignment of a corps of competent surveyors 
as referred to, can be made for this duty, and if so upon what terms 
and conditions; and at what time they can meet the joint commissioners- 
of the states of Virginia and Maryland, and proceed with the work/*' 

The req^uest made in your letter, was duly referred to the hon. sec- 
retary of the treasury, with the recommendation that the superintendent 
of the coast survey be authorized to act in compliance therewith, and 
the necessary authority will be given so soon as a similar application 
shall be made by the governor of Maryland, or by the joint commission 
in its official capacity, as is usual in such cases, 

The conditions upon which the assignment referred to can be made, 
are that the expenses of the corps, with the exception of the salaries 
of the assistants or surveyors, who may be detailed for the duty, be 
paid jointly by the two states. 

These expenses will comprise the usual allowances, traveling ex- 
penses, and the cost of outfit and pay and subsistence of employees 
for such surveys and field operations as may be necessary for ascer- 
taining and locating the true boundary lines. The instruments will 
be supplied by the coast survey. 

I have the honor to be. 

Very respectfully, 
Your ob't servant, 

RICH'D D. CUTTS, 
Assist. U. S. O. Sr.ffor the Superintendent 



36 



COMMONWEALTH OF VIRGINIA, 
Executive Chamber, Richmond, December 8th, 1870. 
His Excellency Oden G. Bowie, 

Governor of Maryland, Annapolis: 

Sir : I have the honor to inform you that in compliance with the 
joint resolution adopted by the general assembly of Virginia, approved 
June 27th, 1870 (a copy of which has been sent you), I have appointed 
and commissioned Messrs, Henry A. Wise, D. C. DeJarnett and Wm. 
Watts, commissioners on the part of Virginia, to meet the commis- 
sioners of Maryland, and with a competent corps of surveyors to be 
assigned to this duty by the proper officer of the United States govern- 
ment, to ascertain and locate the true boundary line between the two 
states. 

I have also made formal application to the superintendent of the 
United States coast survey for the assignment of a competent corps 
of surveyors to this duty, as contemplated by our legislative resolu- 
tion, and have received a favorable reply thereto. I enclose herewith 
a copy of this reply. The hon. sec'y of the treasury directs that the 
necessary authority for the assignment asked for "be given so soon as 
a similar application shall be made by the governor of Maryland, or 
by the joint commission in its ofiicial capacity,"' and I would respect- 
fully suggest that the application be made by the joint commission as 
soon as organized. 

As soon as the Virginia commissioners above named, shall have been 
apprised of the readiness of the Maryland commissioners, they will at 
once proceed lo agree upon a time and place of meeting, and organize 
the joint commission and to perform the duties assigned them. 

Renewing my assurances of my high appreciation of the honorable 
and conciliatory course pursued by you in our late oyster difficulties, 
and the high estimation in which yoii are held by the people of Vir- 
ginia, as well as myself. 

I am very respectfully, your Excellency's obedient servant, 

G. C. WALKER. 



Endorsement on foregoing letter. 
Executive Chamber, Richmond, Dec. 32, 1870. 
Respectfully forwarded to Gen'l H. A. Wise, for the information of 
the within named Virginia commissioners. 
By order of Gov. Walker. 

W. D. COLEMAN, Executive clerk. 



37 



RICHMOND, VIEGINIA, 

December I6th, 1870. 

To His Excellency Oden G. Bowie^ 

Governor of 3Iaryland: 
Sir: 

His Excellency Gov. Walker, of Virginia, informs me that you 
are already apprised by him, that Messrs, Wm. Watts, D. C. DeJar- 
nett and myself have been appointed commissioners on the part of 
Virginia, to meet the commissioners on the part of Maryland, to as- 
certain and locate the true boundary line between the two states. 

AVe are not informed whether the commissioners of Maryland have 
been appointed, or if so, what their names and residence are; and we 
desire to be informed of their wishes and convenience as to the time 
and place of meeting for a conference. 

My co-commissioners desire me to ascertain who are the commis- 
sioners of Maryland, and their address, in order that I may correspond 
with them. The three commissioners of Virginia will confer with 
each other here at Richmond, on Wednesday next, the 21st instant. 
You will oblige me by giving me the desired information by that time. 

With highest considerations and respect, 

HENRY A. WISE. 



38 



STATE OF MARYLAND, 

Executive Department, 
Annapolis, December 20th, 1870. 

Hon. Henry A. Wise: 

My Dear Governor: 

The commissioners appointed by the state of Maryland are the 
Hon, Isaac D. Jones, Att'y-Gen'l, Baltimore; L. L. Waters, Esq., 
Princess Ann, Md., and William Aydelotte, Newtown, Worcester 
county, Md. 

I will notify them of your desired interview, and a letter from you 
to Att'y-Gren'l Jones, Baltimore, will probably facilitate the meeting. 
Heartily desiring a prompt and permanent settlement of these boun- 
dary troubles, 

I am very truly and respectfully. 

Your ob't s'v't, 

ODEN G. BOWIE. 



39 



NEWTOWN, MD., 

Decern. 22, 1870. 
Hon. Henry A. Wise, 

Richmond, Va.: 
Dear Sir : 

I received yesterday a letter from Gov. Bowie, informing me 
he had written to Gov. Walker and yourself saying the commissioners 
on the part of Maryland were ready to confer with those on the part 
of Virginia, relative to defining the line between the two states. 

While I do not think we should enter upon our field duties, during 
the rigors of winter, the exigencies of the case seem to require 
some early action on the part of the two commissions; and I respect- 
fully suggest a meeting at some central place — say Baltimore city — at 
as early a day as may suit yourself and colleagues for organization 
and free exchange of views, and probably entering upon the historical 
part of our labors, preparatory to our field duties in early spring. 

Would the second Tuesday in January, and the office of the att'y- 
gen'l of Maryland, in Baltimore, suit.^ or is there a more convenient 
and suitable place, and a more opportune time.^ I will be pleased to 
hear from you, and will endeavor to make it suit us, to meet you at 
such time and place as may meet your approbation, but desire time to 
confer with my colleagues upon the subject after hearing from you. 
I am, dear sir, 

With profound respect. 

Truly and obediently y'rs, 

WM. J. AYDELOTTE. 



40 



RICHM.ONU, VA., 

Decern. 2eth, 1870. 
To Wm. J. Aydelotte, Esq.: 

My Dear Sir : 

I was about commencing a letter to the gentlemen commis- 
sioners of Maryland, when I received yours of the 22d instant this 
morning. 

I fully concur with you that we should not enter upon any field 
duties until after the rigors of winter and high winds of spring have 
ceased. I would say, not until the last of April or first of May, but 
that is my individual opinion only. I agree with you also that we 
should have a central conference somewhere for the organization of the 
joint commission, and to ascertain and discuss any difference as to 
boundary before we move upon the survey. 

A successful conference may relieve us from any field work whatever. 
I pray that may be the result. But as yet, I am not authorized to 
agree upon any time or place of meeting. 

The Virginia commissioners have not yet had a full meeting, Col. 
Watts, of Roanoke co., being absent. I have met Mr. DeJarnett two 
or three times, and he proposes Washington city as the most central 
place. I have suggested Annapolis as the place most convenient to 
examine the archives of Maryland. The time, I am sure, cannot be 
as soon as the second Tuesday in January. 

First. For the reason that the legislature of Virginia has not made 
an appropriation, and will not probably before the middle of January; 
and 

Secondly. The former reports upon the boundary of the two states 
have been so mutilated during the fall of Richmond, they must be 
supplied; how, is not determined. 

It is my purpose to proceed as promptly as we can, and it will be 
my care and choice to confer with the commissioners of Maryland, as 
well as with my own colleagues, as to the mutual convenience of ally 
As soon as I can obtain the views of Messrs. Watts and DeJarnett, 
I will address you again. 

A deliberate preparation, in my opinion, will hasten our work, and 
tend to make it successful, or to make up the best excuse for a failure, 
if fail we must. The study of the muniments of titles of both states 



41 

is a large one, and the time of winter will not be lost if devoted to that 
alone. I therefore suggest that we postpone a conference until such 
time as each commission shall notify the other of readiness to confer. 
Please communicate these views to your colleagues, as I will to 
mine and let me hear from you again. 

Most respectfully and 

Truly yours, 

HENRY A. WISE. 



Endorsements on the foregoing letter. 
Same day — 

Notified Messrs. Watts and DeJarnett of Mr. Aydelotte's letter, 
saying I was not authorized to fix time or place, and that we will pro- 
bably be compelled to ask for a later day. 

I informed Mr. DeJarnett that I would write to Col. Watts, and 
enquire when he can meet us here, and wrote to Col. Watts to that 
effect. 

HENRY A. WISE. 



Second endorsement. 

Decem. 21th, 1870. 

Wrote to G. W. Gillett, clerk of Accomack, for Scarborough's re- 
port, and other records. 



42 



OAKLAND, Decern. 2Sth, 1870. 
Dear Sir: 

I have just received yours of 26th. I heard nothing of the 
meeting you refer to on Wednesday, the 21st, or I would certainly 
have been present, though I had given you plenary authority to act 
for me in arranging the time for the first meeting of the boundary 
commission, as I thought when I met you in Richmond a short time 
since. 

It is very inconvenient for me to leave home during the Christmas 
holydays, my presence being necessary, not to take Christmas myself, 
but to keep order on my place, and arrange my labor for another year. 
Unless detained by some accident, I will be in Richmond on Tuesday 
evening, the 2d January. If I am unexpectedly detained, I hope 
yourself and Mr. DeJarnett will arrange the time for the first meet- 
ing, to suit yourselves. My only objection to the time suggested by 
Mr. Aydelotte is, that I am a director in the Atlantic, Mississippi 
and Ohio railroad company, and there is to be a meeting of some im- 
portance of the board of directors in Lynchburg, on the second Wed- 
nesday. The succeeding Friday would suit me very well, and I have 
no choice as to place. I could reach Washington, Baltimore, or I 
presume Annapolis, Thursday night. 

Has it occurred to you that there may he a hitch in our proceedings 
from the fact that the joint resolution of our general assembly only 
authorized the appointment of two commissioners, whereas Governor 
Walker has appointed three. See his message, pages 16 and 17. I 
do not know that any mischief can result from it, but it occurred to 
me that we had better consider the matter before proceeding any 
further. 

Very respectfully and 

Truly yours, 

WM. WATTS. 

Gov. H. A. Wise, Richmond, Va. 



43 



Note to the foregoing letter hy E. A. Wise. 

By note of December 30th replied, explaining my understanding of 
the appointment for the Wednesday week after parting from Col. 
Watts. I informed him that I did not see necessity of meeting again 
for a month or more for reasons : 

First. Three commissioners have to be appointed. 

Second. Appropriation has to be made. 

Third. No survey can be made until after March. 

Fourth. Time required to prepare and agree ourselves, and time to 
confer and discuss with Maryland commissioners; j)ropose, therefore, 
last of February or 1st March, for oar meeting. March for conference 
with Maryland commissioners, and April for survey. 

Fifth. Messenger probably will have to be sent to LondoL if legis- 
lature approve. 

H. A. WISE. 



44 



SPRING GROVE, CAROLINE, VA., 

December 29th, 1870. 
Dear Sir : 

Yours of 26th inst. is to hand. Should Col. Watts come to 
Richmond, as you suggest, I do not see that we could accomplish 
more than you have done, which is in exact harmony with our under- 
standing at our last meeting. 

We regarded as. indispensable to a clear vindication of Virginia's 
right to her claim, a copy of the official record, of our colonial history 
from the colonial office of England. 

Should we meet I could suggest nothing better than your reply to 
Mr. Aydelotte's letter. A meeting of the commissioners to consider 
Mr. Aydelotte's letter, could alone result in adopting your answer. 

If, in your opinion, Col. Watts's presence and my own could aid in 
obtaining prompt action from our legislature in regard to the mission 
to England, I will come immediately and add my efforts to yours in 
securing that on which the success of our mission depends. 

Approving all you have done, and with sentiments of high regard 
and esteem, 

I am sir, yours, 

Most respectfully, 

D. C. DeJARNETT. 
To Gov. H. A. Wise. 



Note hy H. A. Wise. 

Answered Jan'y 2d, 1871, informing him of my letter to Governor 
Walker, of December 31st, 1870, and saying he had better come to- 
aid in getting through the appropriation. 

H. A. WISE. 



45 



RICHMOND, VA., 

December Slst, 1870. 

To His Excellency Gilbert C. Walker, 

Governor of Virginia: 
Sir: 

The commissioners on the part of Virginia, to ascertain and 
locate the true boundary line between the states of Virginia and 
Maryland, have entered partially on their duties. One of them has 
been engaged in assiduously examining Hening's Statutes at Large 
for all the known published papers relating to the subject; and an- 
other has been engaged in looking up the reports and vouchers of the 
late joint commissions, which failed to agree upon a line. At the 
very outset, it is found that one of the reports of A. J. McDonald, 
Esq., is missing, and the vouchers or authenticated copies referred to 
in his other report have been so mutilated and destroyed, that what is 
left of them is useless to support the just claims of Virginia to her 
true line of the Potomac on the western shore, and of Watkins' 
point, at 38°, on the eastern shore. 

Of these manuscripts, copied from various offices in London, there 
were nine volumes, embracing forty-six copies of maps, and other in- 
dispensable vouchers and evidences of Virginia's title. Six out of the 
nine volumes have been taken away; and the three only remaining 
volumes — the second, sixth and seventh — have been so mutilated by 
cutting out their leaves, that they are now wholly deficient in the 
very materials which they were meant to supply. c'J 

This indescribable oifence against the state — this extraordinary at- 
tempt to commit the larceny of a line of latitude — this mutihition of 
historical materials — this destruction of muniments of chartered 
rights and of boundary monuments — this felony upon the folios of 
state archives — is obviously not the work of the vandalism of war; 
but it shows that it was done with the felonious intent of some inte- 
rested party, who knew the meaning and effect of the memorials spe- 
cially destroyed, and their application to the question of interest 
which suggested the motive for their destruction. This motive is too 
apparent for the act to be mistaken, and it is so effectual to prevent 
or obstruct a correct investigation of the boundary on the Eastern 
Shore, involving not only the oyster fisheries of the Tangier sound, 



46 

but the terminus of the railroad at Crisfield, that the present com- 
missioners, who have examined the records, concur in the conviction 
that these missing papers must be recopied in England and be restored, 
before it will be safe to meet the Maryland commissioners, or to try 
the title of boundary. 

I am, therefore, authorized to ask of your excellency the recom- 
mendation to the general assembly to pass an act making a suflScient 
appropriation for obtaining a renewal of these destroyed copies, in- 
such mode as you may deem most expedient. They are invaluable, 
not only for present use, either to prevail with the joint commission 
of boundary, or to prepare for a trial before the judicial tribunals, but 
for the state's history in all time. Whilst they are being obtained^ 
say in two months, every preparation of documents in our possession 
may be made, and the rigors of winter and the high winds of March 
will have ceased, before a survey is commenced. The survey of the 
widest part of the Chesapeake bay, and of the bays and islands on 
the sea-shore, must not only enter upon "field," but upon "flood," 
and cannot be done in cold and windy weather with any accuracy. 

The commissioners also ask for the legislative sanction of three, in- 
stead of two commissioners, and for an appropriation of some advance 
to them of compensation, and for the pay of a clerk to their board. 

I am, for myself and the commissioners, 

Your Excellency's obedient servant, 

HENRY A. WISE. 



47 



OAKLAND, FehWy 2d, 1871. 
Dear Sir : 

I have just received yours of yesterday's date. I have been 
confined to my house and yard for the last two (or ten) days by indis- 
position, and cannot venture to Richmond earlier than some day next 
week. I will telegraph you as to the day I will be in Richmond, so 
that you may inform Mr. DeJarnett. 

I have seen nothing of the passage of the bill you refer to, except 
through the lower house. The newspapers are almost worthless in so 
far as they pretend to report the proceedings of the general assembly. 

Very respectfully and 

Truly yours, &c., 

WM. WATTS. 
Gov. H. A. Wise, Richmond, Va. 



48 



LEXINGTON, VA., FehWy 20th, 1871. 
D'R Sir: 

I received your letter of the 16th inst., this morning. 

I recommended the report of Col. McDonald should be "kept se- 
cret;" as I did not wish the other party to be in possession of the in- 
formation Col. McDonald had collected. Having examined it care- 
fully, in connection with the Col., I was greatly impressed with its 
value and importance, and considered it would settle the question. 
Hence my recommendation, in which he concurred. 

My impression now is (my recollection is not distinct) that, at his 
suggestion, the report and accompanying papers, were deposited in 
the office of the secretary of state. Col. Munford can perhaps fur- 
nish some information in resrard to it. 



Truly, yours, 
Hon. H. A. Wise, Richmond, Va. 



JOHN LETCHER. 



Memorandum hij Gen'l H. A. Wise. 

March \st, 1871. 

Wrote to Col. Watts to come on, also to Angus McDonald to get 
what he could from his brother. Received letter from G. W. Mun- 
ford, which I have handed to Mr. DeJarnett to obtain certain orders. 



49 



OAKLAND, March 3, 1871. 
Dear Sir : 

Yours of 1st March is just received. I left Eicbmond under 
the full belief that it was settled that Mr. DeJarnett should proceed 
at once to England and obtain all the documentary evidence which 
he could find relating to the boundary between Virginia, Maryland 
and North Carolina. 

He had shown me a note from yourself to him approving this 
course, and while I did not in any direct words also approve it, I made 
no objection, and considered the matter settled. 

Previous to seeing Mr. DeJarnett and conversing with him, and 
looking over some of the papers which his industry had collected, I 
had, in private conversation with some gentlemen, expressed the opin- 
ion that such a mission was unnecessary, as it would, I thought, avail 
us nothing. About this my opinion has been somewhat modified, 
partly in deference to the better judgment of yourself and Mr. De-- 
Jarnett, and partly for other reasons. While I still do not see how 
we are to get rid of the Scarborough Survey or Commission, and of 
the Compact of 1785, recognizing Smith's point, yet, to meet the 
Maryland commissioners' views, would be simply to surrender the 
contest. 

We have nothing upon which to base even a jury argument, and I 
consider it our duty to fortify ourselves with all the evidence we can 
procure, let the result be what it may. 

That the Maryland commissioners will not yield Smith's point, I 
suppose is certain, no matter what testimony we may procure, and I 
am afraid it is almost equally certain that the courts will not help us. 
We are bound by compacts, and even if those compacts are founded 
on fraud, we have slept too long upon our rights. But in this I may 
be mistaken, and, at any rate, no reliable judgment can be formed 
until we see the testimony. 

The fact that the McDonald papers have been stolen and mutilated 
shows that somebody interested against us regarded them as impor- 
tant, and we ought to have them again if possible before we attempt 
to do anything else. 

I therefore give my full and explicit concurrence in Mr. DeJarnett's 
mission, and think that the sooner he starts the better. We ought to 
be in the field by May, 
7 



50 

This is, I suppose, all that is necessary from myself. 
I cannot well leave home at this time, my son being quite sick, but 
if my presence in Richmond is needed or necessary, telegraph me at 
Big Lick. 

Very respectfully and 

Truly yours, &c., 

WM. WATTS. 
Gov. H. A. Wise, Richmond, Va. 

I hope Mr. DeJarnett will not forget the North Carolina boundary. 
My impression is we have been cheated there, and I should like to see 
their charters. 

Gen'l McDonald made a mistake in bringing home only translated 
copies of the Maryland charter. We ought to have the original Latin 
as well as the translation. Such Latin as it is, I have no doubt can 
be better and more accurately translated in England than in this 
country, but the Maryland commissioners may make a point upon 
our procuring merely a translation, and so with North Carolina. 

If Mr. DeJarnett could find Col. McDonald's son who accompanied 
his father to England, and take him along as secretary, he could possibly 
aid him very materially in his investigations. I merely throw this 



out as a susjgestion. 



WM. WATTS. 



51 



BERRYVILLE, March M, 1871. 
Gen'l H. A. Wise: 

My Dear Gen'l : 

Yours received yesterday, I will write to-day to William. He 
resides in Louisville, Ky, ; and ask him to communicate to you 
whatever he may possess which can forward your purpose. It is pos- 
sible that these copies of which you speak may be in Lexington with 
my mother. If they are, allow me to suggest, that the best mode of 
finding out what is there, would be to communicate with some gentle- 
man of your acquaintance, a resident, and get him to confer with my 
mother, and he might be of service to her in making the necessary 
search. I would refer you to my brother Marshall, who is an assist- 
ant professor at the Institute, but I think it doubtful whether he can 
spare the time from his duties, which press heavily upon him. I can 
assure you, however, of his disposition to serve you. William can 
probably tell you where these copies are to be found. 

Yours truly, 

A. w. McDonald. 



52 



NEWTOWN, MD., March 6th, 1871. 
Hon. H. A. Wise: 

My Dear Sir : 

In your esteemed favor of 26th December last, you expressed 
views relative to the preliminary duties of the joint commission on 
the boundary line question of our states, that met the approbation of 
the Maryland commissioners. But you remarked they were your in- 
dividual views, and that you would confer with your colleages, and 
write me again. Since which I have not had the honor of hearing 
from you. 

The Maryland commissioners have not as yet held a formal meet- 
ing, Mr. Jones being much engaged in our supreme courts. We will 
be happy to meet you and your colleagues, at Annapolis or Baltimore, 
any time of which you may give us timely notice. 

I have seen in the public print an indication of a commissioner be- 
ing sent by the governor of Virginia to England in order to replace 
lost or demolished records. If such a course is adopted by your au- 
thorities, of course much time will be spent, but our commission will 
cheerfully await the result, as our only aim is a speedy, equitable and 
final settlement of the vexed question. 

May I hear from you, at length, at your earliest convenience, 
I am, dear sir, 

With profound respect, 

Obediently yours, 

WM. J. AYDELOTTE. 



53 



EICHMOND, VA., March 8th, 1871. 
To W. J. Aydelotfe: 

My Dear Sir : 

Yours of 6th inst. was received by me this evening, and I take 
'pleasure in replying to its kind intimations by saying, that to-day is 
the first moment when I could further communicate with you satis- 
factorily. 

My colleagues have just concurred in the necessity of sending to 
England to repair damage done to the archives of Virginia, by the 
mutilation of her records relating to the boundary of the two states. 

Our messenger will start very soon, and will require some two months 
for his work. 

I hope (that) not more than that time will be consumed, and that 
by the first or middle of May, we will be able to meet your commis- 
sioners at Baltimore or Annapolis, and confer as to our action in the 
field. I do fondly hope for a speedy, equitable and final settlement 
of the boundary. The legal and historical work, to prepare for an 
intelligent conference of the joint commission is great. 

I think no time will be lost in that preparation which will teach us 
to agree or disagree very promptly. My desire is to make our work 
decisive and conclusive, and I am happy to recognize a kind disposi- 
tion on your part. 

Very truly and 

Respectfully yours, 

HENRY A. WISE. 



54 



LOUISVILLE, March 7th, 187L 
Ge7i'l H. A. Wise: 

My Dear General: 

I received to-day a letter from my brother, enclosing one from 
you. to him in regard to the boundary question. You ask if my father 
did not have copies made of the papers he brought from England, and 
bearing upon this subject. He intended to do so, but never did as far 
as I know. It is quite probable that he kept a copy of the report 
made to the legislature in the winter of 1861. But I have never been 
able to find it, or anything else relating to the boundary question 
since the war. 

His papers were scattered and most of them lost, by being carried 
about from one place to another during the war. There may, perhaps, be 
something upon the subject, in the possession of my mother who lives 
in Lexington, Virginia, but I think there is nothing. My father car- 
ried with him in a wagon from Lexington his most valuable papers.. 
At his capture by the Yankees these were destroyed. 

All I can do, then, is to give some hints about the points taken in- 
my father's last report to the legislature (June, 1862): 

First. The chief one was, that the charter (in Latin), as found, I 
think Maryland Statutes at Large, under which she claims her pre- 
sent boundary, difiers from the original charter granted to Baltimore, 
and difiers, too, just where the line of division between the (two) 
states is described. 

My father had the original charter, translated by one of the best 
scholars in London, and also his opinion, given as to the difierence 
made by the change as appears from the present copy in possession of 
Maryland; and the conclusion was, that there had been foul play, and 
that Virginia had been thereby robbed of her rights. 

Second. The maps of Smith and other cotemporary geographers^ 
show that the king, in granting the charter, had not the slightest 
knowledge of the real course of the Potomac, and from his probable 
idea of it, then, the conclusion followed that he never intended to 
give the Potomac to Baltimore. 

Third. That Maryland's prescriptive right to the Potomac, arising 
from the fact that patents for the lands of the islands of the same 



55 

■were first obtained from Maryland, is explained by the fact that Lord 
Culpeper was, during the period of the first settlement of the Poto- 
mac, contending with the state or colony of Virginia as to the right 
to grant patents for land in the Northern Neck; hence arose conflicts 
and confusion; and hence first settlers preferred to take out patents 
for lands in Maryland, where land tenures were more determined. 

There is no doubt but that Cumberland and the Maryland coalfield 
were not included in the original charter to Baltimore. Even the lan- 
guage of the charter, now in possession of Maryland, shews this. 

My father got most of his information from documents found in the 
roll office, and her majesty's state paper office in London. I believe, 
however, that all was obtained from the latter, except the original 
charter. 

If you desire it, I will answer any number of questions you may 
choose to ask me on this subject, or do anything in my power to serve 
you. My father loved you dearly, and all his children still do. 

I remain, dear General, 

Your sincere friend, 

w. N. McDonald. 

Direct to Principal Male High School, Louisville, Ky. 



56 



RICHMOND, VA., March 8th, 1871. 
To His Excellency Gilbert C. Walkek, 

Governor of Virginia: 
Sir : 

The commissioners appointed on the part of Virginia, to as- 
certain and adjust her boundary with Maryland, unanimously concur 
in the opinion that they cannot proceed with their work without the 
vouchers once obtained from England, and now lost, and that they 
must be sent for by a special messenger. They respectfully ask your 
approval of this step, as they regard it indispensable. 

They have, therefore, named the Hon. D. C. DeJarnett as the most 
proper messenger to procure these important papers, taking the report 
of A. W. McDonald, of Feb'ry 2d, 1861 (2), as a guide or index of 
search for what is now wanted, but with instructions to search for 
other muniments of Virginia's title to the line of 38° N. latitude on 
the E:istern Shore; to examine particularly the records of the general 
quarter court in England. The Plymouth and London companies 
were governed by two supreme councils — first, the council of state; 
second, the gen'l assembly — and their laws had to be ratified by the 
general quarter court in England. 

I do not find that McDonald examined these. His copies were 
chiefly from the British museum; from the state paper office, and from 
the roll office of British archives. 

Again, after the rights of Lord Baltimore had been contested by 
Virginia grantees for nearly half a century, in the latter end of the 
17th century, the proprietary rights of the Calverts was taken away, 
and -Maryland was made a royal province, and so remained until the 
year 1715. Then, in 1715, the proprietary right was restored to the 
Calverts and continued undisputed until the revolution of 1776. 

It is important that the original of this re-grant should be copied 
and vouched. 

With these special instructions he ought to be given general powers 
to seek for and copy any other papers of muniments, or maps pertain- 
ing to the boundary of the state. 

With the highest respect. 

Your ob't servant, 

H. A. WISE. 

(Following this communication there appears to have been a letter 
from Gen'l Wise to Mr, DeJarnett, of 9 th March.) 



57 



SPRING GROVE, CAROLINE, VIRGINIA, 

March 19th, 1871. 
Geji'l Henry A. Wise: 

My Dear Sir : 

I had the honor to present yours of 9th inst. to his excellency 
-Gov. Walker, who promptly worte to the sec't of state at Washing- 
ton the object of my mission, and requesting such assistance as the 
•department might properly give me. 

I reached Washington on the 10th inst., but not until the 13th 
could the secretary be seen, he being engaged during office hours in 
attendance on the joint high commission, now in session in Washing- 
ton. 

He very obligingly furnished me with a letter to Mr. Horan, in 
charge of the legation at London; and I also obtained from Sir Ed- 
ward Thornton, the British minister, &c., &c., resident at Washing- 
ton, another letter to Mr. Hammond, the under secretary of state, in 
vcharge of the colonial office, London. 

These letters were deemed sufficient to secure my admission into all 
the depositories of official records necessary for us to examine. 

I left Washington on the 15th inst., and shall only remain at home 
to make hurried preparations for my leaving for London. 

May I ask that you make full notes of all papers, evidence, &c., 
necessary to be procured, and have them in readiness when I call, be- 
fore leaving for England, as well as my commission. 

Most respectfully, yours, &c., 

D. C. DeJARNETT. 



58 



WASHINGTON, D. C, April m, 1871. 
Gen'l H. A. Wise: 

Dear Gen'l : 

The enclosed letter from Mr. HoUaday will explain the reason 
why I have not left for England, and also why it is that I cannot fix 
the day for ray departure. 

My commission bears the authentication of the state department as 
well as that of the minister of England. Thus my arrangements are 
complete. 

I have seen Mr. Thos. Green, of this city, who anticipates large re- 
sults should my mission be successful. I shall write you from New 
York before I sail. 

Very respectfully, yours, &c., 

D. C. DeJARNETT. 

P. S. — I have written to Holladay that 1 will postpone my depar- 
ture until the 15th, provided he cannot possibly be ready sooner. 



59 



COMMONWEALTH OF VIRGINIA, 

Office of Sec'ty of Commonwealth, 

Bichmond, April 1st, 1871. 
Gen'l E. A. Wise: 

Dear Sir: 

If you have the time, and don't mind the weather, I would be 
glad if you would come to the state library to examine some maps 
we have found bearing upon the boundary question, and made from 
data obtained by Col. McDonald. I venture to give you this trouble, 
because the maps cannot be sent to you without injury from the rain, 
and because I suppose you may desire to communicate with Col. De- 
Jarnett, after seeing them. 

Very respectfully, 

JAS. McDonald, 

Sec'ty of commonwealth. 

Note by Gen'l Wise. 

Saw the maps referred to the next day, and found them to be sec- 
tions of Michler's survey. 



60 



BALTIMORE, April 17th, 1871. 
Hon. If. A. Wise: 

My Dear Sir : 

Years ago, whilst in the law practice ia Washington, I was of 
counsel in a litigation there involving the Potomac riparian of Virgi- 
nia and Maryland, 

The parties litigant were the ' Greaj, Jails (Potomac) Co. and the 
U. S. Aqueduct Co. Hall " Wilson , of Richmond formerly, was presi- 
dent of the Falls Co. At the instance of his counsel (of whom Chil- 
ton & Magruder were a part), he procured the opinion of Reverdy 
Johnson, then, as now, Maryland's great lawyer. This paper I have 
lately unearthed from debris of old documents, and as it bears mate- 
rially and impressively on the pending boundary question between 
Maryland and Virginia, which are now in charge of the commission, 
of which you are a member. I beg to send it to you, and to my friend 
Col. DeJarnett, your colleague, as a small, but perhaps valuable, con- 
tribution to the historical and legal literature which pertains to the 
subject, and which strongly sustains the rights of our beloved com- 
monwealth. In the hope that you may find it of some service, and 
that its references and authorities may prove valuable to the Virginia 
commission, 

I beg to remain, 

With great respect. 

Yours very truly. 



ALLAN B. MAGRUDER. 



Letter received from Mr. DeJarnett, dated London, May 2Sth, 1871, 
to Governor Walker. 

Reports his arrival on the 27th inst. (should be ulto.) 

Delay in gaining access to the departments. 

Difficulty in procuring information from the rolls office, in conse- 
quence of its removal. Reluctant permission given to make partial 
examination. 

Commenced work the 24th inst. 



61 



RICHMOND, VIRGINIA, 

June 23d, 1871- 
Son. D. G. DeJarnett, ComW, dc, &c. : 

Dear Sir: 

His Excellency Governor Walker, was kind enough to refer 
your letter to him to me, and allow me to confer with him upon its 
contents. 

I could not but regret the inopportune event of the removal of the 
archives of the state paper office, for the reason that we cannot wait 
the time required for their arrangement so as to admit your access to 
them. It was from that office that your predecessor, McDonald, ob- 
tained much, if not the most, of the valuable matter of his report. 
But I know that from the museum, and the rolls, and other sources, 
we may expect to supply many of McDonald's vouchers. The maps 
are very important. A copy of the first English edition of Smith's 
history of Virginia, with best maps, is very important. The Latin 
original of the grant to Lord Baltimore — Cecilius Baltimore — and an 
authorized translation of it; and, if not the original, the best verified 
copy of it, with the authorized translation. 

Baltimore's proprietary grant having been previously taken away, it 
was restored as late as 1715, and it is important to know the exact 
terms of its restoration. A copy of that is important. These and 
many more records may be got at and copied and vouched — such as 
show the boundaries of parishes, for example — to ascertain where, 
geographically. Catholics and Quakers were excluded to a line, as be- 
tween the Catholic colony and the colony enforcing the oaths of "Al- 
legiance and Conformity." These, all you can, obtained, you might 
leave memoranda for other copies not now accessible to you, and re- 
turn with what you have. This is necessary, not only to give time for 
field work this year, but to prevent the exhaustion of our very small 
appropriation. Don't, if avoidable, I advise, draw any more upon it 
now; leave enough for our surveyors, clerks and field work. When 
the legislature meets, we can apply for more if necessary. I send this 
enclosed through the governor's communication to you. 

With the highest respect, 

HENRY A. WISE. 



62 



52 ADDISON ROAD, KENSINGTON, 

London, June 20th, 1871. 
To Gen'l Henrij A. Wise: 

My Dear Gen'l: 

I hdkVQJust cause of comiilaint against you for not writing to 
me. Suggestions from you would have thrown light on the narrow 
and misty path I have to pursue in the wilderness which I have been 
exploring since I reached here. 

In my reply to a communication from Gov. Walker, I requested 
him to send the letter to you, which would have advised you of my 
progress to date. Up to that time my progress was slow necessarily, 
and the great labor with that was achieved, rendered it still more un- 
satisfactorily. I have now the honor ^o report, that I have obtained 
all developed in McDonald's report, and much more, in a more satis- 
factory connection. 

I commenced with the discovery and attempted settlement by Sir 
W.. Raleigh, in 1590. I have the charter with all its amendments 
given the London company in 1607, under which Virginia was settled, 
and the order of revoking that charter of date 1623, and at the same 
time a proclation from the king to the colony securing to it every right 
derived from the first charter, changing only their form of government. 

Lord Baltimore and his Brother Peasley (his brother-in-law), ap- 
pear in 1626. In 1628 they obtain a charter to settle a colony in 
Canada, where Lord Baltimore goes, leaving Peasley sec'ry to the king. 
Their expectations in Canada not being realized. Lord Baltimore visits 
Virginia in 1630, returns the same year to England, and in 1632 he 
and his Brother Peasley obtain their charter for Maryland. Of this 
charter I have obtained six copies, one which I am sure has not seen 
the light for more than a century. This is enrolled on parchment, 
and was not with the colonial papers of Maryland or Virginia. It 
purports to bu the original, it is in Latin, and the whole I have had 
copied by the keeper of the rolls, and whose charge for official copies 
is exorbitant, and for the official stamps on this paper the charge was 
12 £. 

Mr. Tomlin's translation of the Latin charter, and which I have, 
does NOT warrant the conclusion arrived at by Mr. McDonald, wheu 
he says in his report (referring to Mr. T.'s translation) cannot be so 



63 

interpreted as to permit the Maryland boundary along the Potomac 
to be on the Va. shore, &c., &c. The four copies of this charter, I 
obtained from the museum, and in printed pamphlets (/ liave the 
pamphlets entire), and also two, printed, which I found in the rolls 
office among the loose papers of Maryland, read as the one you have 
in the land office in Virginia, a copy of which you have in Mr. Mc- 
Donald's report. 

The care taken by Mr, Peasley (who from the records it is apparent 
ivas a Jesuit) to have so many of these charters printed, and in differ- 
ent books or pamphlets, and carefully concealing the original, has 
impressed the conviction on my mind, that he had altered it to please 
the fancy of Lord Baltimore, who had spent much time on the Ches- 
apeake and its tributaries, and fully appreciated the importance of the 
Potomac river. 

In the loose papers of Maryland, I found a slip loithout signature, 
but in the handwriting of Lord Baltimore, referring to the original 
charter in the possession of Mr. Peasley. I have an agent looking 
over the files of Mr. Peasley's department to which I cannot get access. 
I have the king's assurance that Lord Baltimore's grant applies only 
to the unsettled and uninhahited of the Va. colony. I have also re- 
cords to show that Clairborn's settlement, the Isle of Kent, was not 
only settled, but at the date of Lord Baltimore's grant, was repre- 
sented by a burgess in the Virginia house of burgesses. 

I have been fortunate in finding what Mr. McDonald failed to dis- 
cover, but to which he alludes, the original grant to Lord Culpeper 
and others, with the amendments made by the king after his exile. 
This confirms to Virginia the Potomac river, and all the islands within 
its banks. The date of the amended grant is 1663, of the first when 
in exile in 1651. I have traced Mr. Peasley, on whom Lord Balti- 
more depended in his absence to the grant of Penn, to Wm. Penn, in 
1681, he again becomes conspicuous. The controversy in regard to 
Mr. Penn's boundaries throws much light on our Eastern Shore line, 
which is thereby defined to be on the 38th lat. 

I have the letter of the king to Lord Baltimore (referred to by Mr. 
McDonald) so defining it, and Lord B.'s admission of it. Systematic 
efforts have been made by those in authority at the time, to obscure 
the boundary. That the department could furnish all we want, I have 
no doubt, but the work is greater than you can conceive. For eight 
hours each day since I obtained admission, I have been in this wil- 



64 

derness of old manuscripts, and not unfrequently the case, that I do- 
not find a line for my reward during the day. 

There are many missing linljs yet in our chain, often I have sup- 
posed them found, but they miss it; and I turn again to the mountain 
for 2i. i^articular grain. They are here, and if health and money per- 
mit, I will get them. 

In the museum I daily spend tioo hours, from 4 to 6; the rolls of- 
fice, where alone official records are kept, closes at 4 o'clock; here I 
obtain corroborative evidence of my discoveries in the rolls office. In 
the map department of the museum, after much worry and vexation 
of spirit, and bribery, I have all the maps. I want to have them 
traced on linen, as taken by McDonald might satisfy us. In so deli- 
cate a controvers7j they would be embarrassing, as errors of omis- 
sion or commission would destroy or make at pleasure; I have there- 
fore a written contract (the second I have made) with a Litho- topo- 
grapher, and a fac simile guaranteed. From this process there is no 
appeal as to fidelity. It is, however, very expensive, each map cost- 
ing from 5 to 20 guineas. These maps, many of them, dot the Mary- 
land line to the Potomac on the north bank, and run the line across 
the bay from Point Lookout. 

There is a part of the Museum known as the Greenville Library, 
created by private funds and contributions. So large have been the 
contributions, of private libraries, &c., &c., that it is now larger than 
the United States Library at Washington. No one who is not a mem- 
ber is admitted. It is a sort of depository of papers of extinct fami- 
lies. From this intimation, I conceived the idea that Brother Peas- 
ley's papers might be there. To get it was the next thing; but only into 
the book departments could I obtain admission. My labor here was re- 
warded by finding Augustus Herman's map of Maryland, also a printed 
pamplet, containing a copy of the charter of Maryland — the pamphlet, 
the same as found in the museum and rolls office. Peasley's and Lord 
Baltimore's papers I therefore judged to be in this library. My faith 
is such that I have employed an agent to thoroughly examine the 
same. Much depends on his fidelity, but as his reward is mainly hy- 
pothical, I hope for success; but much time must elapse before the 
investigation is thoroughly made. This is the map alluded to Ijy Lord 
Baltimore in answering the questions of the board of trade. This A. 
Herman was a pensioner on the bounty of Lord Baltimore, and carried 
to Maryland to do that work. This map was hunted for by McDonald 
in every depository of public records in London in vain. 



65 

It was at the house of this Herman, in Maryland, that Lord Balti- 
more met William Penn, in 1683, to adjust their boundaries. I have 
all that occurred at that interview, which throws much light on the 
Eastern Shore boundary. 

I have thus given you a synopsis of what I have been doing and 
what I hope to accomplish, I am sick nigh unto death of London. 
Nothing could induce me to remain another day, but my sense of 
duty. 

I could, if my agent in the Greenville Library succeeds, leave here 
in ten days, but for the maps. The shortest time that I could con- 
tract for their delivery was six weeks. Some artists required three 
months; by udditional compensation I am to receive them in six weeks 
from 6th June. 

There is more red tape here, and it is more expensive I am sure 
than anywhere else, so that if I can leave here by the 1st August, I 
shall be fortunate. No one who has not been in the departments here, 
can form any conception of the systematic robbery of time and money 
to which I am subjected. All make something out of you, and there- 
fore keep you as long as possible. 

These papers, when copied, I have again to examine with the origi- 
nals, which again will have to be hunted up, as you are not allowed, 
to mark or put aside any paper. This takes time and money. Liv- 
ing here being so expensive, not a moment I loose, though my pro- 
gress doubtless seems slow; still, under the circumstances, and in 
view of all the obstacles, I am satisfied with it. I miss Holladay 
very much, who, for domestic reasons, was unable to meet me in New 
York, though I expected him to have done so when I left home. Had 
he been with me here greater dispatch would, have attended, doubtless, 
our enterprise. The records of quarter courts, to which in your note 
you refer me, and alluded to by McDonald, are "non est inventus." 
A letter from Mr. Tomlin, now before me, — that no such records 
exist, as there had never been any such court. 

From this long letter you will be able, if you read it to the end, to 
see what I have been about. It may seem from your standpoint, that 
my task was simple and easy of accomplishment, but when you re- 
member that all papers (except those relating to England proper) are 
placed in the colonial department, and, which contains the history of 
all the colonies of England, among these you find in no regular order 
those of Maryland and Virginia. Every petition, all grievances, all 
arrests and trials — in other words, the private history of every fam- 
9 



ee 

ily — were required to be sent to E'd. All these you have to read to- 
find what you want, and then you don't find it. There is yet much 
to do. Indeed years would be required to perfect this case and get all 
that relates to it. Will you write, on rec't of this, synopsis of the 
points in the case, supplying my omissions? With my mind on the 
records, I cannot review it in all its bearings. 

I have obtained also the revocation of the charter of Maryland by 
Wm. of Orange, and when yesterday I desired to follow this through 
his reign, I was told it could not be allowed. Earl Granville's per- 
mission for me to examine the records, extended to the reign of Queen 
Ann. I desired to embrace her reign, but this he refused and limited 
me to that of Wm, Prince of Orange. I shall obtain his writtea 
order accordingly, which I doubt not will take me a week. 

With sentiments of the highest regard, 

I am general. 
Yours, most respectfully, 

D. C. DeJARNETT. 

P. S. — I omitted to state that I have all that is required in regard 
to North Carolina. 

Please let Gov. Walker see this. 

D. C. DeJARNETT. 



Note by Gen'l Wise. 

Presented to Gov. Walker, as he will see by Mr. DeJ.'s request. 
Please read and return. 

HENRY A. WISE. 



67 



SPRING GROVE, August 8th, 1871. 
Dear Gen^lj 

I returned to Virginia on Friday last, and intended to have 
reported to you on Monday, 7tli inst., but am prevented from leaving 
home by the illness of one of my children. 

There is a change this morning for the better, and soon I hope to 
have the pleasure of meeting you. 

Most respectfully, &c., 

D. C. DeJARNETT. 

To Gen'l H. A. Wise, Bichmond, Va. 



6S 



RICHMOND, VA., Augicst Uth, 1871. 
To Col Win. Watts: 

Dear Sir : 

Mr. DeJarnette arrived here yesterday and deposited with m 
the documentSj &c., he obtained in England, for our inspection ani 
study. To examine them will require sometime, and they are her 
for your use whenever your convenience will permit you to come oi 
and examine them. 

We must now promptly make the most of the vouchers which w 
have, and prepare for field work at the earliest practicable period. 

Very respectfully and 

Truly yours, 

HENRY A. WISE. 
Col. Wm. Watts, Big Lick, Va. 



69 



Bia LICK, August 10th, 1871. 
Dear Sir: 

I received a day or two since yours of the 11th, informing me 
if the return of Mr. DeJarnett with the documents and records re- 
ating to our boundary question. 

My engagements are such that I cannot possibly go to Kichmond 
arlier than next week, j^i'obably about AVednesday or Thursday. I 
magine it cannot take very long to examine and understand these 
ecords, especially with the assistance of yourself and Mr. DeJarnett. 

I do not fancy the idea of 'taking the field," or water either upon our 
lurveying expedition before frost, having a very strong up-country 
epugnance to fevers of all sorts. 

But we will talk about this. 

Very respectfally and 

Truly y'r ob't s'v't, 

WM. WATTS. 

Gov. H. A. Wise, Richmond, Va. 



70 



EXCHANGE HOTEL, RICHMOND, VA., 

August 2eth, 1871. 
Dear Sir : 

I arrived here to-day by the Danville train, and went imme- 
diately to your office, but missed you by a short time. 

I should be very glad to get the documents and records brought 
from England by Mr. DeJarnett ^7i{s evening, so that 1 may commence 
their examination. How shall I get them.?^ 

Very respectfully and truly, 

WM. WATTS. 

Gov. H. A. Wise, Richmond, Va. 



Note hy Gen'l Wise. 

Received (the above) at 10 minutes after 6, P. M., Saturday, August 
26th, 1871. 

He arrived here the 2d September, and left the morning of the 6th 
of same month. 



71 



NEWTOWN, MD., 
SeptW Zd, 1871. 

Hon, Henry A. Wise, 

Dear Sir : 

Your esteemed favor, in reply to a note from me in March, was 
duly received, in which you informed me of a messenger to London to 
procure documents relating to our state boundary question. 

Several weeks ago, I saw in the newspapers a notice of the success- 
ful mission and safe return of one of your colleagues, Hon. Mr. De- 
Jarnett. Since which I have expected a communication from you on 
the subject, but have heard nothing. 

The season is passing, and the time for action fully at hand. Though 
I write without the instructions of my colleagues, I venture to sug- 
gest that our commission will be pleased to meet you at such time as 
may suit your convenience for organization, either at Richmond, Wash- 
ington, Annapolis or Baltimore, or even at Horntown or Newtown, 
but I suggest Annapolis or Baltimore for the convenience of docu- 
mentary reference. 

When your commission have fixed upon a time and place for such 
meeting, I must ask of you the favor to inform I. D. Jones, att'y-gen'I 
of Mary., at Balto.j and Leven L. Walters, Esq., of Princess Ann, 
Md., of the same, and give me notice thereof as many days in advance 
.as you conveniently can. 

I am, dear sir. 

With profound respect, 

Obediently and truly yours, 

WM. J. AYDELOTTE. 



72 



To Wm. Aydelotte, Com'r, dec: 
My Dear Sir : 



EICHMOND, VA., 

JSept. 6th, 1871. 



As you suggest Mr. DeJarnett has returned from LondoD, 
bringing with him much valuable historical matter as to the boundary 
of Virginia and Maryland, but he has not yet made his official report 
to the governor of this state, and sometime must be allowed to the 
colleagues of this commission to examine the matter which he brings 
with him. I am assured that the Virginia commissioners will not 
delay in examining his report, and that as soon as they can proceed 
on the joint commission they will have you duly informed. 

Both of my colleagues, too, are from the upper country of Virginia, 
and object to visiting the Eastern Shore, until the malarious and 
equinoctial seasons are over. We desire to be able to report to the 
legislature of this state at the commencement of the approaching ses- 
sion, and will not unnecessarily delay a conference and joint action 
with you. When the time and place of meeting for the joint com- 
mission is fixed, you shall be promptly advised. I think you may 
expect our aj^pointment or suggestion, rather of the time and place 
to be at Washington city or at Annapolis, sometime about the first 
week in next month. 

Will you please give this information to Mr, Jones and Mr, Waters^ 
your colleagues. 

Very truly and respectfully. 

Your obedient servant, 

H. A, WISE. 



Me77i. hy Gen' I Wise. 



Sept 6th, 1871. 



Notified Mr. DeJarnett to make his report to the governor of his 

message to London, and requesting him to confer as to the time and 

place of the joint com'n with Maryland, 

H. A. WISE. 



73 



KICHMOND, VA., Sept'r 16th, 1871. 

Dear Sir : 

Mr. DeJarnett and myself have agreed to meet in Washington 
• city, on the boundary commission, during the first week of October 
next, and to write the Maryland commissioners, to meet those of Vir- 
ginia at that city, on the 9th of October next. 

We hope this will suit your convenience, and that you will attend 
at the time named. 

Very respectfully and 

Truly yours, 

HENRY A. WISE. 
Col. Wm. Watts, Big Lick, BoanoJce Co'y, Va. 



10 



74 



RICHMOND, Sept. ISth, 1871. 

Dear Sir: 

The commissioners on the part of Virginia, to settle and adjust 
the boundary of the states of Maryland and Virginia, have agreed to 
meet each other in Washington city during the first week in October 
next; and they [propose, if agreeable to them, to meet the commis- 
sioners on the part of Maryland at that city, o)i the 9th daj/ of Octo- 
ber next. Will you please inform me whether this will be convenient 
to you and your colleagues; and, if not, please say what time and 
place will suit you and them. It will give us pleasure to endeavor to 
conform to your wishes. 

Most respectfully and truly, 

HENRY A. WISE. 

To Hon. Isaac D. Jones, Att'y-Gen'l, Baltimore, Md.; L. L. Waters, 
Esq., Princess Anne, Md.; W. J. Aydelotte, Esq., Neivtown, Md. 



[A copy of the above was sent to each of the gentlemen to whom it 
is addressed. C. E. S.] 



75 



BALTIMORE, Sept. 18th, 1871. 
Hon. Henry A. Wise: 

Dear Sir : 

In reply to yours of the 16th inst.j proposing a meeting of the 
Virginia and Maiyland commissioners upon the boundary question, 
at Washington city, on the 9th October (if that day will be convenient 
to the Maryland commissioners), I regret to state that engagements 
of at least two of the Maryland commissioners for that, and several 
succeeding days, will prevent them from meeting the Virginia com- 
missioners at that time. 

I will confer with my colleagues, and ascertain the time when they 
can meet the commissioners of Virginia, and will write you again upon 
the subject. 

Very respectfully and truly, 

ISAAC D. JONES. ' 



76 



EICHMOND, Sept 20th, 1871. 
Dear Sir: 

Hon. I. D. Jones, of Baltimore, informs me that the Maryland 
commissioners on the boundary question, cannot meet those on the 
jmrt of Virginia on the 9th October as proposed; that he will confer 
with his colleagues, and communicate further with me. 

You will be duly informed of any appointment they may propose. 

Very respectfully, 

HENKY A. WISE, 

Per Snodgrass. 

Copies sent to Col. Wm. Watts, Big Lick, Roanoke Co., Va.; Hon. 
D. C. DeJarnett, Milford, Va. 



77 



NEWTOWN, MD., Sept 19th, 1871. 
Eon. Henry A. Wise, Richmo7id, Va.: 

My Dear Sir : 

Your esteemed favor of 16th inst. "for Virginia commissioners" 
is at hand. In reply to your suggestion, of Washington city as the 
place, and the 9th October next as the time, for the commissioners on 
the part of Virginia, and those on the part of Maryland to meet, I 
have the honor to say, the Maryland commissioners have for several 
months, held themselves in readiness to meet your commissioners, at 
such time and place as you might be pleased to propose in order to a 
preliminary organization for the important work before us. But on 
Saturday, the 7th of that month, I have to be in my county to execute 
a fiduciary trust, that under our laws cannot be delegated to another. 
Monday morning, 9th, our boat leaves here, and is due in Baltimore 
the following day. 

May I therefore ask you to make it agreeable to your commission, 
to join us two days later than the day you name, to-wit: in Washing- 
ton city, on Wednesday, 11th October next. I will mail to each of 
my colleagues, simultaneously with this, a communication informing 
them of our agreement, and pledge for them a cheerful acquiescence 
therein, if no unavoidable engagement prevents. 

I am, dear sir, 

With profound respect. 

Obediently yours, 

W. J. AYDELOTTE. 



78 



KICHMOND, Sept. 22, 1871. 
W. J. Aydelotte, Esq., Newtown, Md.: 

D'R Sir: 

Your valued favor of 19tli inst., is to hand and noted. The 
Virginia commissioners will meet those of Maryland in Washington' 
city, on the 11th day of October next. 



Very respectfully, 



HENRY A. WISE, 
Per C. E. Snodgrass. 



79 



RICHMOND, Sept. 22, 1871. 

Dear Sir : 

Referring to my letter of 20th inst., I now have to inform you 
that the 11^^ day of October next, and- Washington city, is the time 
and place agreed upon for the meeting of the joint commission on the^ 
boundary question. I hope it may suit your convenience entirely. 



Very respectfully, 



HENRY A. WISE, 

Per C. E. Snodgrass. 



Eon. D. C. DeJarnett, Milford, Va.; Col. Wm. Watts, Big Lick, 
Boanoke Co., Va. 



80 



RICHMOND, VA., Octo. 2d, 1871. 
Hon. I. D. Jones, Com'r, &c.: 

Dear Sir : 

With a view to convenience, I shall proceed to Washingtoi 
city, on Saturday next, to receive any communication from the bound 
ary commissioners on the part of Maryland as to the time and plac< 
virhich they may suggest arranging the meeting of the joint commis 
sion. I trust it may be agreeable to meet at Washington or Annapoli; 
some day next week. I have so notified my colleagues; and any no 
lice from you will reach me at the house of Doct. A. Y. P. Garnett 
No. 1328 N. York avenue, Washington city, after Saturday next. 

Very truly yours, 

HENRY A. WISE. 



81 



RICHMOND, VA., Octo. 2d, 1871. 
Dear Sir: 

On Saturday next I shall proceed to Washington, on the cona- 
mission of the boundary between Virginia and Maryland, and so noti- 
fied the commissioners of Maryland, in order that they may notify 
me there of their wishes as to the time and place of the meeting of 
the joint commission. 

I will be very much gratified to have you meet me there some day 
next week, at your pleasure and convenience. 

I will be at Doct. A. Y. P. Garnett's, No. 1328, New York avenue, 
W. city. 

Very respectfully and 

Truly yours, 

HENRY A. WISE. 

Col. W. Watts, Big Lick, Roanoke Co., Va. 



11 



82 



PRINCESS ANNE, MD., 

Sept. 20th, 1871. 
Hon. Henry A. Wise: 

D'r Sir : 

Your letter of the 16th inst., inviting me to attend a meeting 
of the Maryland and Virginia boundary commissioners, in the city of 
Washington, on the 9th of Octo. next, reached me by our last mail. 

In reply, I have to say, that I deeply regret my inability to attend 
the meeting at the time and place suggested. 

Our court, of which I am clerk, convenes on the 9th prox., and my 
presence here is absolutely necessary. Our court will probably be in 
session about two weeks, and from that, the time of its adjournment, 
until the 7th of November (our election), I shall be engaged in can- 
vassing, and will not be able to make or accept any appointment for 
a meeting before the 7th of November, unless such meeting can be 
held before the 9 th of October, the day you suggest. 

It is possible that both Mr, Jones and. Mr. Aydelotte may be able 
to accept your appointment, and if this is so (as my presence is not 
indispensable), the meeting may be held as you desire. 

I presume you have written to both these gentlemen, who will an- 
swer for themselves. 

Very respect,, &c,, 

LEVEN L. WATERS. 

P. S, — I have written to Messrs. Jones and Aydelotte, requesting 
their attention to the matter. 



83 



RICHMOND, VA., Oct 2d, 1871. 
Dear Sir: 

On Saturday next I shall proceed to Washington, on the com- 
mission of boundary between Va, and Maryland, and so notify the 
commissioners of Maryland, in order that they may notify me there 
of their wishes as to the time and place of the meeting of the joint 
commission. 

I will be very gratified to have you meet me there some day next 
week, at your pleasure and convenience. 

I will be at Doct. A. Y. P. Garnett's, 1328 N. York avenue, W. 
city. 

Very respectfully and truly yours, 

HENRY A. WISE. 
Hon. D. G. DeJarnett, 

Milford Depot, Caroline Co., Va. 



84 



WASHINGTON CITY, Ocio 8th, 1871. 
Dear Sir : 

I am here at No. 1328 New York avenue, Dr. Garnett's. I 
will to-morrow look to the det&il of surveyors. Michler is not here, 
he is in California, and De la Camp is where no one can tell me. 

If you have Michler's report please bring it with you, and let me 
know where to find you immediately on your arrival. 

Yours truly, 

HENRY A. WISK 
Eon. D. C. DeJarnett. 



85 



WASHINGTON CITY, Octo. 8th, 1871. 
. Dear Sir : 

I arrived here last evening, and will be glad to hear from you 
at this place. 

I am authorized to unite with you in obtaining a detail of surveyors 
from the superintendent or the coast survey. I will see what can be 
done in that behalf to-morrow. May I have the concurrence of the 
Maryland commissioners in making that arrangement in time for our 
joint meeting? I am awaiting your communication as to the time 
and place of that meeting, and am expecting my colleagues daily. 

Address me at Washington city, No. 1328 New York avenue, care 
Doct. A. Y. P. Garnett. 

Yours, very truly, 

HENRY A. WISE. 
Eon Isaac D. Jones, Baltimore, Md. 



Memo. 
WASHINGTON CITY, Octo. lOth, 1871. 

Wrote to Messrs. Jones, Waters, and Aydelotte, commissioners of 
Maryland: That I will leave here Friday next for Crisfield, and will 
be there on the 17th inst.; requesting to meet them; hoping they will 
unite in running the lines; and notifying them that I had requested 
the attendance of a surveyor from the coast surveyor's office. 

H. A. W. 

Also wrote to same effect to Mr. DeJarnett and Col. Watts. 



86 



ELLISDALE P. 0., NEW JERSEY, 

Octo. 14th, 1871v 
Hon. Henry A. Wise, <&c., &c. : 

Dr. Sir: ^ 

I received information two days ago, from the ■ office of the 
coast survey at Washington, that the joint commiss. appointed by 
Virginia and Maryland to settle and adjust the boundary line between 
the two states on the Eastern Shore of the Chesapeake, would meet 
at Crisfield on the 17th inst,, and that it was expected that I or the 
surveyor would then be present and prepared to proceed to the field. 

I regret to say, that owing to the shortness of the notice, it will be 
impossible to make the detail and the arrangements to commence any 
survey before the close of the present mo. 

I propose to leave here on the 16th, with the intention of meeting 
the commission at Crisfield on the 17th, the day specified by you in 
communication with Mr. Hilgard. 

I am, respectfully, 

Y'r obt. svt., 

EICH'D D. CUTTS. 



87 



BALTO., Oct. 9th, 187L 
Eon. H. A. Wise: 

Dr. Sir: 

Your favor of yesterday is recv'd. I regret that the engage- 
ments of Mr. Waters and myself precludes our meeting your comm'rs 
before Tuesday, the 17th inst. Mr. Waters will not be able to meet 
us until after Nov. 7th, but desires Mr. Aydelotte and myself to meet 
you at any time before then that might suit the convenience of your 
commissioners and ours. I shall be unable to devote more than a 
day or two to a joint meeting for a month to come; but I am desi- 
rous that we shall meet and confer as to what surveys, if any, are 
necessary. No appropriation has been made by the Maryland gen'l 
assembly for surveys, and no authority to incur any expense therefor, 
except it be implied from the power "to settle and adjust the bound- 
ary line, their work to be reported to the gen'l assembly to be ap- 
proved or rejected." The surveys by Col. McDonald and Col. Lee, 
in '58, and by the commission of the two states in 1867, are probably 
in your possession, and may aid us so far as they went. I am going 
to Princess Anne to-morrow, and will confer with my colleagues, if 
possible, while there, and fix upon a day when two of us at least can 
meet you in Washington. I hope to return by Saturday next, and 
will then write you again. 

Very truly y'rs, 

ISAAC D. JONES. 



Telegram. 

PHILA., PA., l^th Octo., 1871. 

Boundary Commission, Crisjield, Md.: 

Will meet the commission at Crisfield to-morrow afternoon. 

K. D. CUTTS. 
Hon. H. A. Wise. 



Telegram. 

PHIL., PA., nth Octo., 1871. 



£[,on HA Wise. 



I find it impossible to meet commission to-day. Please give 
me notice, at Washington, of the time and place of next meeting. 

RICH'D D. CUTTS. 



Telegram. 
WASHINGTON, D. C, ISth Oct, 1871. 
Hon. H. A. Wise, Boundary Commission: 

Will be at Crisfield on next Saturday morning. 

RICH'D D. CUTTS. 



89 



PRINCESS ANNE, MD., Octo. -]2th, 1871. 
Hon. H. A. Wise: 

Dear Sir : 

Your favor of the 10th inst., suggesting a meeting of the Vir- 
ginia and Maryland boundary commissioners, at Crisfield, on the 7th 
inst., was duly received. In reply I regret to say that it will be im- 
possible for me to attend any meeting of the boundary commissioners 
until after the 7th prox. • 

Our court is now in session, and is likely to continue so through the 
greater part of next week, and as I am clerk of the court my presence 
there is indispensable. And after the adjournment of our court, I 
expect to be engaged in canvassing until the election, which occurs on 
the 7th of November prox. 

I saw Mr. Jones, who is attending our court, shortly after the re- 
ceipt of your favor, and handed it to him. 

He desires me to say, that he has an engagement in Washington, 
on the 17th inst., the day suggested for the meeting at Crisfield, and 
that he and Mr. Aydelotte have arranged to meet you there. He 
will leave here to-morrow, the 13th, and expects to go to Washington 
on Wednesday next to meet his engagement there and says that it 
will not be possible for him to be at Crisfield on the day you suggest. 

Regretting sincerely my inability to be present, at your preliminary 
meeting, but believing the interests of my people will be safe in the 
hands of Messrs. Jones and Aydelotte, I have consented that the 
meeting shall be held without my presence, and hope there will be no 
delay or disappointment. 

Very respectfully, &c., 

LEVIN L. WATERS, 



12 



90 



CRISFIELD, MD., 
Saturday, Octo. 21stj 1871. 
W. J. Aydelotte, JEJsq.k 

Dear Sir : 

Mr. Cutts, of the coast survey, carrived this morning, without 
any detail or instruments for survey, and Cajit. Brown, of the steamer 
Tredegar, has not, up to this hour, 1 o'clock, P. M., arrived. After 
conference and consulting with Mr. Cutts, the commissioners for Vir- 
ginia have concluded to return home, as there is no opportunity at 
jDresent, at least, of having a meeting with the Maryland commissioners. 
We do not, of course, propose now to run the line, as understood when 
you separated from us. You will please communicate this result of 
our attempt to confer and act with the Maryland commissioners to 
your colleagues. Any communication from them will reach me at 
Richmond, Va. 

Y'rs, very respect, and truly, 

HENRY A. WISE. 



91 



BALTO., Novem. 25th, 1871. 
Hon. H. A. Wise: 

My Db. Sir: 

I was very sorry that my engagements precluded the pleasure 
of meeting you at Crisfield. I was at Princess Anne court when your 
letter reached here, and received it after my return to this city — too 
late to reply. 1 saw Mr. Waters a few days ago, and am authorized 
by him to say that the Maryland commissioners will meet the Vir- 
ginia commissioners at Washington, or in this city, on any day of 
the week following Monday, 4th Decern, next. Tuesday, 5th Decem., 
will be convenient to us, if your commissioners can meet us. 

There are two maps of ancient date in this city, showing the 
boundary between Va. and Maryland, on the Eastern Shore — one in 
the Maryland historical society's room, the other in the library of the 
Peabody inst'te. If your commission will meet us in this city, we 
can have opportunity of examining them. My official duties as att'y 
gen'l will probably terminate by the 1st Decem., and I design to 
unite with my colleagues immediately thereafter, 'in the hope of meet- 
ing our Virginia friends at their earliest convenience. Please let me 
hear from you. 

Very truly y'rs, 

ISAAC D. JONES. 



92 



RICHMOND, VA., Nov. 27th, 1871. 
Ho7i. Isaac D. Jones: 

My Dear Sir: 

I concur with you fully in the regret that the joint commission 
of Maryland and Virginia could not meet at Crisfield, in the month 
of October, when the weather was so fine for field work and for travel- 
ing. Mr. Aydelotte, one of your colleagues, met me promptly. He 
and I at first met alone. Mr. Waters, your other colleague, did me 
the kindness to visit me at Crisfield Siud give me his reasons in per- 
son, saying he could not meet the appointment owing to his profes- 
sional engagements, and I had no conference with him except in the 
most general way. With Mr. Aydelotte I had a most gratifying con- 
ference, and we visited the location of two ancient monuments of 
boundary on Smith's island corresponding with the monuments and 
marks east of the Pocomoke, and with the line of Michler east, con- 
tinued by De la Camp, west of that river. My two colleagues then 
joined us, and the three commissioners of Virginia and Mr, Aydelotte 
agreed to run and rectify the whole line of Calvert and Scarborough 
in 1868, to ascertain its exact location, for the consideration of the 
joint commission when it should. 

But delay was necessary to obtain a detail for the survey from the 
department at Washington. Mr. Aydelotte left us at Crisfield to make 
arrano-ements on the Pocomoke for running the line. On conference 
with Mr. Cutis, of the coast survey, after Mr. Aydelotte left, the com- 
missioners of Virginia found that the work proposed could not be 
done before the next spring, and that the lines already run by Michler 
and De la Camp, and the monuments found on Smith's island, were 
sufficient for all the purposes of an experimental line in ascertaining 
the ancient marks and monuments fixed by Calvert and Scarborough 
in 1668. Thus, there being no necessity for running the experimental 
line anew, they concurred in adjourning and reporting upon the data 
already in hand; and they immediately informed Mr. Aydelotte of 
their conclusion. I received from him a very proper note, regretting 
this result, and have heard nothing further from the commissioners of 
Maryland, or either of them until the receipt of yours of 25th inst. 
this morning. The Virginia commissioners have had no meeting since 
that at Crisfield. One of my colleagues resides in the county of Car- 



93 

oline, and the other far distant ih the county of Eoanoke, and both, 
like myselfj are busy; but I will at once communicate the contents of 
your letter to each of them, and inform you of their reply as soon as 
received by me. I fear that neither of us will be able to meet you as 
soon as you propose, if at all during the winter months. Certainly 
the running of a line should not be attempted during the winter sea- 
son, and not until after the high winds of spring cease. 

If the joint commission can meet at all, I myself prefer Baltimore 
as the place, not only on account of the maps you mention, but for 
many reasons which endear Baltimore to me, and from the fact that 
it is most convenient and accessible to the place of our labors. Cannot 
the two maps of the Maryland historical society and of the library of 
the Peabody institute be photographed .^^ If so, at what cost.^ I have 
written at such length to inform you fully of our action at Crisfield; 
and to submit that the commissioners from each state shall delay dur- 
ing the winter and await further action of the respective legislatures' 
of the two states. 

Very respectfully and 

, Truly yours, 

HENKY A. WISE. 



94 



KICHMOND, Nov. 28th, 1871. 
My Dear Sir : 

Yesterday I received a letter from the Hon. Isaac D. Jones, 
proposing for the commissioners of Maryland to meet those of Vir- 
ginia, on any day of the week following the 4th of December next, 
naming Tuesday, the 5th, as most convenient to them. He names 
Baltimore as the place of meeting, for reason of certain ancient maps 
there. I have replied that I would coYifer with my colleagues; that 
I feared there was no probability of a compliance with his request; 
informed him of the result of our meeting at Crisfield; that we had 
determined to report upon the date already in hand; and submitting 
that, if further action is to be taken by a joint commission, it should 
be postponed until spring. I hope this meets your approbation. 

Y'rs truly, 

HENRY A. WISE. 

Hon. D. C. DeJarnett, Mil/ord, Caroline Co., Va.; Col. Wm. Watts, 
Big Lick, Roanoke Co., Va. 



95 



BALTIMORE, Nov. 28th, 1871. 
Mon. E. A. Wise: 

My Dear Sir: 

I this morning received your favor of yesterday, while Mr. Ayde- 
lotte was with me. We were not aware that your colleagues resided 
so far apart and so distant from you. We agree with you that it is 
not probable they could meet us on the day suggested in my letter of 
23d inst. Mr. Aydelotte and myself suggest, that you and your col- 
leagues meet us in this city on Wednesday, the 20th December next — 
say at Barnum's hotel, at 10 o'clock A. M. This is the most central — 
or the St. Clair hotel, formerly the Gilmer house, on Monument 
square, near Barnum's. Both are equally convenient, and are first- 
class hotels — I mean convenient of access to the two maps of which 
I made mention in my last letter. 

I had a surveyor to examine them, with a view to having them 
copied or photographed. He replied that they could not be photo- 
graphed, but might be accurately copied. The one in the Peabody 
institute is in an atlas, and the map occupies two sheets. It was 
presented to the Institute by the late Jno. P. Kennedy, and formerly 
belonged to the Duke of Sussex, by whom it was presented to Mr. 
Kennedy. It was the atlas used in adjusting the N. E. boundary 
between the United States and the British American colonies. I 
have seen it only once, and then only for a few minutes, intending to 
examine it more closely at a more convenient season, which has not 
since occurred. The surveyor reported that it would cost $200 to 
make an exact copy of the two maps, and as my colleagues had not 
seen the maps, I did not deem it proper to incur that expense at 
present. 

I have bestowed a good deal of labor upon the investigation of the 
subject, and am frank to say that it seems to me that the only alterna- 
tive to a resort to the Supreme Court of the U. States, as suggested 
in one of your letters to Mr. Aydelotte, is an agreement upon a com- 
promise line. I am more strongly confirmed in this view because of 
your letter now before me, and the statement of Mr*. Aydelotte as to 
the result of your visit to Smith's island. 

Your letter states, "we visited the localities of two ancient monu- 
ments of boundary on Smith's island." On reading this, Mr. Ayde- 



96 

lotte remarked, "the government is mistaken — we visited one, and 
two men undertook to look for another, but could not find it," But 
the most singular fact is, that about 4th December, 1867, the (3) three 
Virginia commissioners and the three Maryland commissioners, Ayde- 
lotte, Waters and myself, with Mr. De la Camp, visited Horse Ham- 
mock, staid all night with Capt. Johnson Evans, made every possible 
enquiry for monuments, traditions, &c., &c., of boundary, without 
being able to find out anything about a line or boundary. Captain 
Evans did not then profess to know anything of any boundary, but 
just the contrary, and we reported to the Maryland Tegislature, " there 
is no certain tradition so far as the commissioners could ascertain to 
fix the location of any divisional line between Maryland and Virginia 
across Smith's island," There is a tradition that a divisional line 
from Smith's point passed across the lower part of Smith's island be- 
low Horse Hammock (which has for many years been under the juris- 
diction of Maryland, although the present proprietor stated to the 
commissioners, that a former occupant, many years ago, paid taxes, 
and took out a store license in Virginia,)" But where the divisional 
line was run, or whether any such line across Smith's island ever was 
run under the joint authority of the two states, there is no record or 
tradition. 

That was the extent of the information given in the presence of all 
six of the commissioners. But the foregoing extracts are copied from 
the Maryland report, made in a few weeks afterwards, from memo- 
randa written down on the spot, I think all this goes to show how 
exceedingly uncertain will be the result of judicial proceedings, unless 
some documentary evidence shall be discovered of which I have hith- 
erto been unable to learn anything. 

But let us meet like Virginians and Marylanders ever ought to 
meet, in the most fraternal spirit, and try to agree upon a compro- 
mise line. 

Hoping to hear from you at your earliest convenience, and that the 
day named may suit you and your colleagues, 

I rtmain, my dear gen'l. 

Very truly yours, 

ISAAC D, JONES. 

P. S, I must apologize for this incoherent" letter, I have been so 

frequently interrupted in writing it. 

I. D. J. 



97 



KICHMOND, Ya., Nov'r 30th, 1871. 



Hon. Isaac D. Jones: 



My Dear Sir : In reply to yours of the 28th inst., I take 
pleasure in saying that I will submit your proposal to my colleagues, 
to meet the commissioners of Maryland at Baltimore, on Wednesday, 
the 20th December next. If they accept it, it will be agreeable to me; 
but, I repeat, I fear they will not be prepared to accede to your ap- 
pointment, for reasons stated in my last letter. 

Maps, such as you describe, would take time and cost to have them 
copied. They had better be inspected. By whom were they executed? 
When.^ For whom.^ If they are copied, I will propose to my col- 
leagues to assume half the expense for Virginia. 

I am gratified at your frank declaration, "that the only alternative 
to a resort to the Supreme Court of the United States, is an agree- 
ment upon a compromise line." The differences between the two 
states, as heretofore expressed by several joint commissioners, show 
that there is something to be given and taken by both sides, if they 
would avoid litigation. The delay of judicial proceedings would ob- 
viously be worse than the cost of them, and should, by all reasonable 
means, be avoided. I say this, whilst, at the same time, I am confi- 
dent that Virginia can make good her case, before the courts, the ex- 
tent of her claim. The commissioners of Virginia will gladly consi- 
der any proposition from those of Maryland, for an amicable and 
liberal adjustment. 

I regret that I am obliged to except to the comment which you 
state was made by Mr. Aydelotte on a part of my letter to you. You 
say, "your letter states" — " we visited ^/le localities of two ancient 
7?20wwwewfs of boundary on Smith's Island." You then add: "On 
reading this, Mr. Aydelotte remarked, 'the Governor is mistaken, loe 
visited one, and tivo men undertook to look for another, but could not 
find it.' " Mr. Aydelotte certainly could not have marked the words 
of the sentence of my letter which you say he read, and which you 
have quoted. I was precise in my general statement, and accurate, 
too, without going into particulars. I will now state, particularly, the 
facts, in which I am sure he will concur: Mr. Aydelotte accompanied 
me on board the steamtug Tredegar, Capt. Brown, from Crisfield 
during the time that he and I were there, without the presence of any 
13 



98 

other commissioner from either state, to the east side of Smith's 
island. The tug anchored just abreast the house of Johnson Evans, 
near Horse hammock. Johnson Evans, an aged man, was on board 
the tug, and on anchoring, we were immediately met by another aged 
resident ot the island, John Marshall. I had long known both of 
these men, both having been voters and friends of mine during my 
eleven years service in the house of representatives of the congress of 
the U. S., from 1833 to 1844, and I had requested both of them to 
meet me, and to show me the ancient stones which I had known, by 
information, to exist from my early manhood. 

This I had positively known, that the voting population of all the 
south end of Smith's island had ever, during my remembrance, voted 
at the polls of Virginia. I desired to see the exact line by which the 
voters of Virginia and Maryland had been ever separated in my day; 
and in days long before I was born; and I was curious to see whether 
the location of the monuments on Smith's island corresponded or not 
with the line of marks and monuments east of the Pocomoke river. 
To visit the stones then, Capt. 0. Brown, Mr. Drummond, his mate, 
Mr. Aydelotte, Johnson Evans, John Marshall and myself took a 
canoe, and we were piloted straight, unhesitatingly, and directly, to 
a large stone, a few feet from the edge of the marsh, under water about 
eio-hteen inches, and about a mile north of Horse hammock; that this 
stone was shown to Mr. Aydelotte; that he saw it; that Capt. Brown 
bared his arms and touched it with both hands, stating at the time, 
under the view of all, that its upper end was in dimension about 1x2 
feet, projecting from the muddy bottom, how far could not be seen; 
and how deep it was sunk in the bottom could not be seen; that it 
was full tide, and Evans and Marshall both said they had seen, and 
known of it all their lives; that we then landed abreast of the stone, 
on the marsh, and cited its bearing by the compass, and it corres- 
ponded remarkably with the line of Michler, continued by De la Camp, 
coming out at Crisfield, by James Taw's house, and cutting the ter- 
minus of the Crisfield railroad at the end of its wharf. The line from 
it eastward cuts over Great island. Both Evans and Marshall rela- 
ted their traditions of the stone; the ancestors of the one had been 
ducked, and the ancestors of the other had been whipped to fix this 
as a mark of boundary between Maryland and Virginia in their mem- 
ories, and to make them deliver down the traditions. 

For an historical reason, not necessary to be named now, I expected 
to find another monument somewhere in the thoroughfare at the north 



99 

end of Smith's island. I enquired if there was any such monument 
at or near the south end of Troy island, in the thoroughfare, and was 
informed by both Evans and Marshall that there was ; and from the 
stone first reached we went north about two miles up to and into the 
thoroughfare to the locality where Evans and Marshall said the stone 
was to be found in the water, gome seventy yards, or thereabouts, from 
the shore. By the time we arrived there the tide had risen consider- 
ably, and the water of the thoroughfare was very muddy and thick. 
Both of our guides were confident that we were at the locality, and 
within a few yards of the stone; they searched for it without a drag, 
with nothing but the ends of their oars and paddles, and though they 
struck a number of stumps at the bottom, showing that once there 
was marsh or high land there^ they did not find the stone itself; and 
after about only a half hour's search, it being then late in the evening, 
we desisted from further search on being told that it could always be 
found at low tide, and that then it was always projecting out of the 
water, and was a stone of much larger size than the first, weighing 
perhaps more than a ton. Mr. Aydelotte and myself at the time too 
both expected that the joint commission would meet, and that a line 
would be run; and we engaged Evans and Marshall to mark the stone 
not found by the time we would return to it. I expected to find and 
visit another stone also on the west side of the island; and I am very 
sure I can and will find it. 

Now, on this statement, I claim that I made no mistake in saying: 
"We," meaning Mr. Aydelotte and myself, "visited the localities of 
two ancient monuments of boundary on Smith's island," and Mr. 
Aydelotte's remark was incorrect in saying, "t^e visited one, and two 
men undertook to look for another, but could not find it." We vis- 
ited two '■^localities," I said. I did not say that we found two stones. 
We visited one locality and found one stone; we visited the locality 
of another monument, but did not find the stone. Not "two men" 
only "undertook it," as Mr. Aydelotte says; but as I say, six men, 
Mr. Aydelotte among them, did visit the locality of another monu- 
ment, and under the guidance of Evans and Marshall were shown the 
locality, though for the reasons stated it could not then be seen. It 
can and shall be found to your full conviction. Not only that but 
another also on Smith's island. 

As to the traditions which you say the three Virginia commission- 
ers and the three Maryland commissioners never heard of after every 
possible enquiry, on the 4th December, 1867, I can only say that there 



100 

has not been a day since the year 1830, when I could not have found 
many credible witnesses not only to repeat the traditions but to show 
you the monuments of boundary fixed on Smith's island; and I could 
have proved their testimony to be true by ancient records, and by poll 
books and deed books. But now is not the time, and this is not the 
place in which to discuss these issues of fact. Certain it is, that both 
Mr. Evans and Mr. Marshall stated their traditions to Mr. Aydelotte, 
in my presence, in October last past, and neither was challenged by 
him at the time for ''stating just the contrary" of there being "mon- 
uments, traditions, &c., &c., of boundary" in December, 1867. I 
am aware of the report of the commissioners of Maryland and Vir- 
ginia, and I trust that you and I will fully concur in correcting any 
errors which may be found in them. I am very sure none was in- 
tended. 

I venture for my colleagues, as I cordially do for myself, to accept 
your generous tender, to " meet like Virginians and Marylanders ever 
ought to meet, in the most fraternal spirit, and try to agree upon a 
compromise line." Ask my friend, Mr. Aydelotte, whose temper and 
tone of adjustment made me respect and greet him, how earnest a dis- 
position was manifested on ray part to be generous, even as well as 
just. I took pains to assure him that I would not meet him on the 
commission as I would in a court. My duty was to be informed of 
the rights of my state, and to insist upon them ; but after knowing 
exactly what I might take, or what surrender I was ready and willing 
to weigh, equitably^ every circumstance attending the question of 
boundary, and to sacrifice even some considerable interests to foster 
the welfare of the people of either state. I was urgent that the peo- 
ple south of the Calvert and Scarbrough line, and north of the Poco- 
moke, should not be cut off from the fishery of the Pocomoke sound. 
We informally but fully discussed various suggestions of compromise^ 
and he and I, if we had been the sole commissioner!?, could, I believe, 
have agreed. But all our views are now in abeyance. I cannot con- 
clude without saying that it is not reputable to the two states to keep 
this issue an open one, and it will be the most dignified course to set- 
tle their territorial difierences for themselves. I was and am most 
anxious to make the trial. 

As soon as I hear from my colleagues, you shall hear from me. 

I am, very respectfully and truly, yours, &c., 

HENRY A. WISE. 



101 



RICHMOND, Dec'r 1st, 1871. 

Dear Sib: 

1 am to-day in receipt of a letter from the Hon, Isaac D. Jones, 
one of the Maryland commissioners, on the boundary question, pro- 
posing that the Virginia commissioners meet those on the part of Ma- 
ryland, at Barnum's hotel in Baltimore, on the 20th day of December 
next, at 10 o'clock, A. M. What say you to it? 



Respectfully, &c., 



To Hon. D. C. DeJarnett, 

Milford, Va. 
Col. Wm. Watts, 

Big Lick, Va. 



HENRY A. WISE. 



:02 



BALTIMORE, Dec'r 15th, 1871. 

Hon. H. A. Wise: 

My Dear Sir : I duly received yours of the 30th ult'o, 
and 13th inst. I am obliged to you for your very full explanation of 
the result of your and Mr. Aydelotte's visit to Smith's island. It 
satisfactoiily shows that Mr. A. "did not mark the words of the sen- 
tence of your letter," I now regret still more that I was not with 
you on that visit ; and I am not sure that I have not done Mr. John- 
son Evans injustice in confounding him with Steuart Evans, as I find 
the latter name on Mr. De la Camp's map. The Mr. Evans I re- 
member to have seen in 1867, was not " an aged man." I shall be 
glad to ascertain every fact, of which any record or authentic tradi- 
tion can be produced. Mr. Aydelotte did full justice to your liberal 
disposition in agreeing upon a compromise line. I regret that the 
20th instant did not suit the convenience of your colleagues to meet 
in this city. Early in January, I am sure, will not suit Mr. Waters 
or myself. Summerset court, of which W. is clerk, will be in sessioQ 
until near the middle of January. But I hope that in the latter part 
of that month, you will be able to meet us in this city. There are 
some ancient MS. records in the MS. Hist. Society's Rooms, of 
which I learned the place of their deposite a few days ago, but which 
I have not yet had time to examine. These, and the maps which I 
mentioned, may be found of service in our investigations. The Atlas, 
in the Peabody Institute, as I recollect, purports to have been made 
from surveys by Peter Jefferson of Virginia. I will confer with my 
colleagues as to a future meeting, and inform you as early as practi- 
cable. 

I remain, very respectfully and truly, 

ISAAC D. JONES. 



103 



WASHINGTON CITY, Decern. 8th, 1871. 
Eon. H. A. Wise, &c., &q., &c.: 
Dear Sir : 

• 

Please inform me if it is true, as stated in the public journals, 
that the question of the boundary line on the eastern shore of the 
Chesapeake, between Virginia and Maryland, will be referred for set- 
tlement to the Supreme Court of the United States, and that no fur- 
ther action in the matter will be taken by the joint commission ap- 
pointed for the purpose. 

I have prepared an estimate of the expenses to be incurred in mak- 
ing the survey, opening the line, &c., which I will forward if you 
think it desirable. 

I am, very respectfully. 

Yours truly, 

RICH'D D. CUTTS. 



104 



RICHMOND, VA., Dec. 9th, 1871. 

To Rich'd D. Cutts, Esq.: 

Dear Sir: 

la reply to yours of 8th inst., I. promptly say that it is not 
concluded to refer the question of boundary between the stales of 
Virginia and Maryland to the Supreme Court of the United States; 
and I trust such may not be a necessity of the case. It is still before 
commissioners and they will probably take further action. 

Please forward to me your estimate of expenses, &c. I desire to 
have them, and remind you of your promise, to send me the coast 
survey charts of the Chesapeake bay, and any duplicates your office 
can furnish of the surveys of Michler's and De la Camp on the east- 
ern shore of the Chesapeake. I expect we will be on the survey to- 
gether in the spring. 

With great respect. 

Your ob't s'v't, 

HENRY A. WISE. 



105 



OAKLAND, Dec'r 11th, 1871. 

My Dear Sir: 

I received on yesterday your letters, dated November 28th, and 
December 1st, 1871, and post-marked December 8th. 

I am at a loss to know what reply should be made to the proposi- 
tion of Mr. Isaac D. Jones, for a meeting at Barnura's hotel, at " 10 
o'clock, A. M., on the 20th of this month." I have never been satis- 
fied with the discourteous treatment we received at the hands of Mr. 
Jones and Mr. Waters, on our recent trip to Crisfield, and do not relish 
the idea of being summoned by him to " Barnum's hotel, at 10 o'clock, 
A. M., on the 20th," which it seems to me is a mere effort on his part 
to put himself in a better position before his own people and the legis- 
lature of Maryland, by making a slioiu of an effort to adjust this 
boundary dispute. If such be the fact, I am not disposed to gratify 
him. It is an inconvenient period for me, at least, to leave home, and 
moreover I am already several hundred dollars out of pocket by rea- 
son of this commission, while the $5,000 appropriated is exhausted, 
and I am not disposed to make much farther investment in that line, 
unless there is some definite and tangible result to be obtained. If 
any such result will probably be attained by this " 10 o'clock, A. M.," 
trip to Baltimore, then I suppose we ought to accept the proposition 
and go, otherwise I see no reason for the meeting. Mr. Jones's " an- 
cient maps," can have no weight in settling this dispute, or against a 
parallel of latitude and a marked line made a hundred years ago by a 
joint commission of the two colonies of Virginia and Maryland, cor- 
responding almost perfectly to the parallel. Why can't he bring his 
" ancient maps " to Richmond, where our maps and records are ? I 
will only add, that I am not in the least disposed to accommodate Mr. 
Jones ; but, nevertheless, if any definite and desirable result will pro- 
bably be attained by the trip, I am willing to acquiesce, and this I 
leave you to determine^ in so far as I am concerned. I would greatly 
prefer going to Richmond. 

One other matter — ought we not to make a report to Governor 
Walker of what has been done so far in this business of the Maryland 
line, and also of the fact that no commissioners have been authorized 
or appointed on the part of North Carolina and Tennessee, so that 7ie 
may submit our report to the general assembly, with such recommen- 
14 



106 

dations as he may think proper to make? It seems to me that this 
is not only proper, but absolutely necessary, in view of the fact that 
the appropriation of $ 5,000 is expended, and we can do nothing far- 
ther without additional means, not even run and mark a boundary 
line, should we agree upon the true one. 
Very truly yours, 

WM. WATTS. 
Gov. H. A. Wise, 
■t Richmond, Va. 



Copy. 

WASHING^rON CITY, D. C, 

Decem. 13th, 1871. 
Eon. H. A. Wise, &c., &c., &c.: 

Dear Sir: 

Your prompt reply to my enquiry of the 8th was duly received, 
for which accept my thanks. The charts of the Chesapeake bay will 
be forwarded by next mail. Please retain the report made by the 
Maryland commissioner in 1860, which you now have, and I will send 
such additional copies as I may be able to obtain. There are none at 
the coast survey office. 

The report of Col. McDonald is herewith returned. 

The accompanying estimate is based on the supposition that the 
maps of Lieut. Michler, 17 in number, can be made available as a part 
of the record, but to what extent must depend upon the action and 
decision of the commission. It is believed, however, that the sum 
named will be sufficient for every possible contingency. The whole 
amount appropriated by Maryland for the last commission was about 
$16,000. How much by Virginia I do not know. It should be added, 
however, that a part of this appropriation was devoted to the surveys 
and marking of the western boundary of Maryland. 

The coast survey will pay the salaries of the surveyors, provide the 
instruments, and also the tents, &c., should any be required. 
I am, very respectfully. 

Your ob't serv't, 

RICH'D D. CUTTS, 
Assist, in charge, &c. 
Original filed with report. 



107 



Estimate. 



Estimate of the expenses to be incurred in surveys preparatory to 
the final establishment of the boundary line between Virginia and 
Maryland on the eastern shore of the Chesapeake bay; in opening 
such portions of the line as the survey and marking may require; in 
the purchase and erection of suitable monuments; and in drawing 
such additional maps, including a descriptive memoirs of the position 
of each monument, as may be deemed necessary for the future secu- 
rity and identification of the line, $5,000. 

Original filed with report. 



RICHMOND, Va., Dec. 14th, 1871. 

Rich'd D. Cutts, Esq., Assist, in Chargef&c: 

Dear Sir : 

Your two communications of 13th inst,, returning McDonald's 
report, giving estimate of cost of preliminary survey, &c., and advis- 
ing me of matters touching boundary between Maryland and yirginia, 
were received this morning, and I thank you for them. 

I desire the complete chart of the Chesapeake bay by the coast 
survey, and will be grateful for any and all charts you may have to 
spare, touching the matter in my hands. 

I am, with the wish for another chance at the oysters next spring, 
Very respectfully and 

Truly yours, 

HENRY A. WISE. 



108 



RICHMOND, Va., Dec'r 13th, 1871. 
Dear Sir : 

Since writing to you, I have seen Mr. DeJarnett in person. We 
concluded to wait until we could receive the reply of Col. Watts, and 
this morning I am in receipt of a note from him, dated the 11th inst., 
saying : It is an inconvenient season for me at least to leave home ; 
and intimates that he cannot do so unless assured "of some definite 
and tangible result." He suggests Richmond, as the place preferred 
by him. I therefore submit to you and your colleagues, whether the 
joint commissioners cannot meet here in Richmond, sometime early in 
January next. 

Yours, very truly, 

HENRY A. WISE. 
Eon. Isaac D. Jones, 

City of Baltimore. 



109 



RICHMOND, Va., Decern. 13tb, 1871. 

My Dear Sir: 

Yours of 11th inst. reached me this morning, I have written 
to Mr. Jones, immediately informing him that you say "it is an in- 
convenient season for you to leave home," and that you cannot do so, 
unless assured of some definite and tangible result; and that you pre- 
fer Richmond as the place preferred by you. And I have submitted 
to him and his colleagues whether the joint commission cannot meet 
here, in Richmond, early in January next. 

Mr. DeJarnette has prepared his report of his commission in Eng- 
land, and I have it in hand for review and correction. I have con- 
ferred with Gov. Walker about sending in our joint report. He de- 
sires it to be postponed until he can make it the subject of a special 
message. And I am of the opinion that it ought not to be made 
until after we have seen what the Maryland commissioners have to 
propose. I can prepare the report in a week, if necessary; but it 
would not be politic to reveal our grounds just now. I shall try to get 
an additional appropriation. The mission to England absorbed the 
larger ^lortion of what was appropriated. I drew myself .^1,050 and 
was not aware that Mr. DeJarnette had drawn more than about $2,500 
until the auditor's account was shown me. Then there was a balance 
on hand of some four of five hundred dollars. I agree wi'th you fully 
as to wbat must be done; but circumstances require a short postpone- 
ment. 

Very truly, yours, 

HENRY A. WISE. 

Col. Wm. Watts, 

Big Lick, Va. 



110 



RICHMOND, Va., Dep'r 1st, 1871. 

To his Excellency Gilbert C. Walker, 

Governor of Virginia: 

Sir : In pursuance of your appointment of the undersigned, 
as commissioners on the part of this state, to meet and confer with 
commissioners on the part of the state of Maryland, to settle and ad- 
just the boundary co-terminous to the two states, they have promptly 
and diligently proceeded to the discharge of their duty, and now sub- 
mit a partial report. 

After ascertaining the names and residences of the gentlemen ap- 
pointed on the part of Maryland, the Hon. Isaac D. Jones, Wm. J. 
Aydelotte and Levin J, Waters, Esquires, the first residing in the city 
of Baltimore, and the other two on the Eastern shore of Maryland, the 
undersigned met and conferred as to the best time and place of hold- 
ing a meeting of the joint commission. 

At once they found that they were not prepared for holding a joint 
conference. The very valuable and indispensable report last made by 
the previous commissioner, Angus W. McDonald, Esq., could not be 
found, and of the nine volumes of the manuscript vouchers of his re- 
port, 'consisting of archives procured in England, at considerable cost 
and trouble, but three remained, and they are much mutilated, and 
all of his copies of his maps were missing. The leaves have been cut 
out, and in such a manner as to show evident design of destroying 
important evidence upon the question of boundary. 

The undersigned could not prudently proceed without that evidence. 
If they met the Maryland commissioners they would be without the 
vouchers of title, and the absence of the proof would probably tend 
to cause a disagreement. If there should be an agreement, a perma- 
nent line would have to be run ; and, if not, experimental lines, one 
or more, would be required to show the exact difierence between the 
conflicting claims ; and to run any line would have necessarily to be 
postponed until the season of spring. 

In this state of the case, the undersigned requested your excellency 
to ask for an appropriation to send a commissioner to England, with 
a view to supply the lost files of the McDonald report, which was 
granted, and Mr. DeJarnette was sent, under instructions, of which 
you were fully informed. 



Ill 

In the meantime the other two commissioners have been assiduously 
emj^loyed in obtaining materials for the commission at home. They 
have succeeded in finding newly developed and important information 
from the records of counties, from the land office, from private papers, 
and from a close examination of the ancient statutes, and the best 
histories of the state. 

By the time Mr. DeJarnette returned from England, much mate- 
rial was procured here. He was detained longer than he expected, 
but returned in good time for a meeting of the joint commission in 
the fall, and his report is before you. 

It shows that his mission was not in vain, and that whilst he was 
not allowed to replace all the papers lost in the McDonald report, yet 
he obtained many of them and some of great importance which the 
McDonald report did not embrace. 

Two of the undersigned being from the upper country preferred not 
to go on the work before frost set in, and, accordingly, after the return 
•' of Mr. DeJarnette, proposed to meet the commissioners of Maryland 
in the month of October last. Unfortunately, but one of them was 
able to make an appointment in the early part of that month, and 
the other two could owing to their engagements, make an appointment 
earlier than some time in November. But for special, reasons, the 
undersigned determined to assemble at Crisfield, on the Eastern shore 
of Maryland, where two of her commissioners resided, in the month 
of October, and they gave notice thereof to Messrs, Jones, Waters 
and Aydelotte. The latter alone met the undersigned at the time 
and place appointed. This visit to Crisfield was important and not 
fruitless. Valuable statistics and local information were obtained, 
showing the importance of the boundary line on the eastern shore of 
the Chesapeake; and the localities of two monuments were found and 
identified, not only west of the Pocomoke river, but west of Watkins' 
point, at Smith's island in the Chesapeake bay and Tangier sound. 
Two of these monuments were visited by one commissioner from 
Maryland and one from Virginia, and the locality of another ascertained. 
Directions were given to have all these marked for the future. 

All that the undersigned could do then, was to confer upon a re- 
port, and to await any further action on the part of the commissioners 
of Maryland. Since, these commissioners have requested a meeting 
of the joint commission at Baltimore in December, but at so early a 
day that the commissioners of Virginia could not be notified in time, 
and a further correspondence as to an appointment is now pending. 



112 

But, it is proper to observe, that, though the joint commission may- 
meet and confer, they cannot do any field work, or run any line, ex- 
perimental or permanent, before as late as the month of May next. 

Several causes prevent the running of a line during either the win- 
ter or summer months. The line passes over large sheets of water on 
the bay and sea coasts, and requires calm and clear weather in which 
to run it ; and it passes also over large bodies of both salt marsh and 
fresh water swamp, most accessible in spring or fall, when they are 
free of musquitoes and froudage, and wh'en working parties may pene- 
trate them with least danger to health, and can accomplish their work 
with most exactness and dispatch. 

Two lines are essential to be run : first, the exact parallel of 38° 
N. latitude ; and second, the line run by Scarbrough & Calvert, A. D. 
1668, on which are numerous monuments. Accompanying this re- 
port, is a copy of a letter from Mr. Cutts, as superintendent of the 
coast survey, showing the probable expenses. 

The whole or nearly all of the appropriation made by the last 
general assembly, ($5,000,) has been expended, by the necessary- 
drafts made upon it by the commissioners during the year. The mis- 
sion to England cost one half of that amount, and the advances re- 
quired, individually, by the commissioners, have consumed the bal- 
ance. 

The undersigned cannot but urge the great importance of this set- 
tlement of boundary between Maryland and Virginia, embracing as it 
does riparian rights for the whole length of the Potomac river, and 
the oyster fisheries for a large portion of the Chesapeake bay, included 
in the Tangier and Pocomoke sounds, and their estuaries, creeks and 
bays ; and liberal appropriation should be made to obtain the best 
researches and information, the most exact surve3's, and the most du- 
rable monuments. Appropriation for the expense of permanent monu- 
ments, may well be postponed until a settlement is agreed upon by 
the joint commission, and approved by the respective legislatures of 
the two states ; but Virginia should not neglect her interest in pre- 
serving whatever ancient marks and monuments remain, until a set- 
tlement is obtained. 

The estimate of Mr. Cutts is for surveys and monuments only, other 
expenses will require as much more, say, in all $10,000. 

The undersigned confine themselves, for the present, to this partial 
report, not entering, for obvious reasons, upon the question of the 
true line. They concur in their views, and are confident in their con- 



•113 

victions upon that question, and have in their possession, and in their 
reach, such material and such data as will assuredly fortify the title 
of Virginia to her ancient bounds ; but they submit, that it is not 
now prudent to present the history of the proofs of that title, o.r its 
location. 

All which is respectfully reported for your consideration, and that 
of the general assembly. 

HENRY A. WISE, 

D. C. DeJARNETT, . 

WM. WATTS, 

Commissioners. 



15 



114 



CORRESPONDENCE 

From January \st, 1872, to January \st, 1873, the time at which 
report of Commissioners was made to the Virginia Legisla- 
ture, and statement of the case of Virginia sent to 
the MarTfland Commissioners, including 
letter from Gov. H. A. Wise to 
Gov'r G. C. Walker. 



RICHMOND, Va., Jan'y 5th, 1872. 

Hon. Isaac D. Jones : 

Dear Sir : 

The commissioners of Virginia request you to inform then> 
whether the commissioners of Maryland can meet them at Washing- 
ton city, as early as Wednesday, the 17th of January instant? If 
not then and there, when and where will it suit their convenience to 
meet us at the earliest time? 

Very truly and respectfully, 

HENRY A. WISE. 



BALTIMORE, Jan'y 12th, 1872. 

Hon. H. A. Wise: 

My Dear Sir: 

I duly received yours of 5th inst. proposing a joint meeting of 
the boundary commissioners of Maryland and Virginia, on the 17th 
inst., and forthwith notified Messrs. Waters and Aydelotte to know 
if that day would be convenient to them, and if not if the 24th or 
31st inst. would suit them. I have this morning received their reply 



115 

too late. I am sure for the 17th, but they both state that they will 
meet your commissioners (at Washington city if you prefer it) on the 
24th or 31st inst. 

Please inform me as early as practicable which of those clays will 
best suit the convenience of the Virginia commissioners. 

Very respectfully and 

Truly yours, 

ISAAC JONES. 



Memo. 



Received the above letter on the 13th. Wrote immediately to 
Messrs. DeJarnette and Watts to say whether they would accept ap- 
pointment for either day; if so, for which? and so informed Mr. Jones. 

H. A. W. 

Jan'y 13th, 1872. 



OAK LANDS, Jan'y 17th, 1872. 

Dear Sir: 

I cannot go to Washington city on the 24th, but if agreeable 
to yourself and Mr. DeJarnette, will meet the Maryland commission- 
ers at that place on the 31st as Mr. Jones proposes. 

I do not consider them entitled to any courtesy at our hands, but 
think our duty requires us to meet them. 

I see that Gov. Walker is corresponding with the governor of North 
Carolina. Why does he not do so with the governor of Tennessee? 
We are entitled to some territory from the latter state but not from 
the former. 

Let me know what is determined on as to the meeting in Washinfy- 
ton, and oblige 

Very truly, yours, 

WM. WATTS. 

Gov. H. A. Wise, 

Richmond, Va. 



116 



Note. 

The above letter of Col. Watts of 17th Jan'y mailed the 18th, was 
received on the 20th and answered at once, notifying him as well as 
Mr. DeJarnette, that I had written to Mr. Jones a letter of which I 
enclosed each a copy. 

H. A. WISE. 



The following is the letter referred to in above note : 

RICHMOND, Jan'y 20, 1872. 
My Dear Sir: 

I am just now enabled to inform you that my colleagues and 
myself will with pleasure meet the commissioners from Maryland, in 
Washington city, at the Ebbitt house, at the hour of 12 M. on the 
Slst inst. I hope this is in time to notify your colleagues. 

Very respect., &c., 

HENRY A. WISE. 
Eon. Isaac D. Jones, &c., &c., 

Baltimore. 



OFFICE OF THE SEC'TY COMMONWEALTH OF VA. 
Richmond, Jan'y 22, 1872. 

Hon. H. A. Wise, 

President Boundary Commission: 

Sir: 

As clerk, ex-officio, of the library committee, I am requested 
by Mr. Wynne, of the senate, who is a member of that committee, to 
communicate to you the following resolution of the senate, adopted 
in secret session, January 17th, 1872 : 

"Besolved, That all papers in reference to the boundary lines be- 
tween the states of Maryland, North Carolina and Tennessee, and the 
state of Virginia, be referred to the committee on the library, with 
powers to send for persons and papers, and to have such of said docu- 



117 

ments copied or printed as the said committee may consider necessary, 
under the injunction of secresy." 

Mr. Wynne is advised of the ftict that certain papers and maps that 
were brought by Col. DeJarnette from England, are now in the cus- 
tody of Gov. Walker, and that access to them is to be had through 
him ; but he supposes that some of the books and documents referred 
to in Col. DeJ.'s report, remain in the hands of the commission^ and 
it is in reference to them, and to obtain an inspection of them, that 
he desires this communication to be made to you. 

I ha\re the honor to be, sir, 
With great respect, 

Youi ob't serv't, 

JAS. Mcdonald. 

Secretary of the Commonwealth. 



BALTIMORE, Jan'y 22d, 1872. 
Hon. H. A. Wise : 

My Dear Sir: 

Your favor of 20th has this moment come to hand, and I have 
notified my colleagues of the proposed meeting at the Ebbitt house, 
Washington city, at 12 M., on the 31st inst. I have every reason to 
hope that the joint meeting will be held at the time and place men- 
tioned in your letter. 

Very respectfully and 

Truly yours, 

ISAAC D. JONES. 



WASHINGTON, March 5th, 1872. 
Eon. H. A. Wise, Commissioner ^ &c.: 

Dear Sir: 

May I ask of you the favor to inform me whether the joint 
commission will call for any survey, during the coming spring, in con- 



118 

nection with the boundary line between Virginia and Maryland, on 
the Eastern shore of the Chesapeake; and if so, at wh^t date it will 
be expected the work should commence. 

This information is needed to give the surveyor who wiM be specially 
detailed for the field duty, to close up his operations at the south and 
to make arrangements for the survey or marking which may be deci- 
ded on by the commissioners. 

I am, very respectfully, y'rs, &c., 

RICH'D D. CUTTS, 
Assist. U. S. a S'y. 



Note by Gen'l Wise. 

Answered March Gth; April fixed for conference; May for survey 
of line. If joint commission" don't agree upon line, commissioners of 
Virginia will need a detail of survey of line claimed by them. 

H. A. WISE. 



SPRING GROVE, 
Caroline, March 12th, 1872. 
To Gen. H. A. Wise: 

Dear Sir : I see from the report of the finance committee, 
that no estimate is made for the boundary commission. Unless you 
can give this subject your attention, by appearing before the commit- 
tee, or seeing the go'^ernor, and get him to recommend an appropria- 
tion, which he would do, I doubt not, if you would state to him our 
appointed meeting, with every probability of a satisflictory adjust- 
ment, he will recognize the necessity of finishing the work. 

I see that there are those in the senate who do not intend that my 
report shall be printed. Will you please give this matter your atten- 
tion, as I am prevented by sickness in my family. 

Respectfully, &c., &c., 

D. C. DeJARNETTE. 

Note hy Gen. Wise. — The foregoing answered the 16th, that the 
matter had been attended to, and will be. 

H. A. WISE. 



119 

The commissioners of the two states having met at Washington 
City, according to appointment, at the Ebbitt House, on the 31st day 
of January, 1872, and having held a conference, they adjourned to 
meet at Annapolis, on some day in April, afterwards to be agreed on. 
When the following correspondence ensued : 

RICHMOND, Va., April 16th, 1872. 

Hon. I. D. Jones: 

My Dear Sir : . Is it not time that the commissioners of 
Maryland and Virginia were naming the day (to be this month) when 
they are to meet at Annapolis, as understood when they separated ? 

Will you please notify me of the wishes of yourself and colleagues, 
so that I can communicate a little beforehand with my colleagues. 

Yours, truly, 

HENRY A. WISE. 



BALTIMORE, April 17, 1872- 

Eon. Henry A. Wise: 

My Dear Sir: Yours of 16th inst., is just received. I 
will notify my colleagues of your proposal, to meet at Annapolis on 
some day this month. I saw Mr. Waters a few days ago, and learned 
that he will be ready on any day after this week. I doubt not Mr. 
Aydelotte will also be ready. If you and your colleagues will notify 
me ot the day on which it will suit you to arrive at Annapolis, I will 
notify my colleagues. It will be more convenient for them to come 
up in the steamer on Mondays, arriving here early on Tuesday 
morning. 

If you can reach Washington on Monday, the 29th inst., so as to 
take the early train for Annapolis on Tuesday morning, 30th inst., I 
think that will suit the Maryland commissioners. I have an engage- 
ment to try a case in the land office in Annapolis, on May 1st, but 
hope it will not occupy much time. 

I had a letter from Mr. Cutts, of the United States coast survey, 
early in March, enquiring when we would need a surveyor, &c. I re- 
plied that I could not answer until the legislature had passed the bill 
then pending, and the commissioners of the two states could confer. 



120 

"Whatever surveys may be needed, ought to be made as early as , 
practicable ; and if we can obtain the necessary force from the office 
of the United States coast survey, perhaps it will be most convenient 
to go from Annapolis or this city to Crisfield, and put the surveying 
party to work. 

I do not think the Maryland commissioners will require any sur- 
veys, except of the shores, bars and islands of Tangier sound. But 
WQ have had no conference upon the subject. 

Very truly yours, 

ISAAC D. JONES. 



Memo. 



The foregoing letter of Hon. I. D. Jones, was received 18th April. 
April 19th 'wrote to Messrs. DeJarnette and Watts, asking whether 
the time proposed suited them; and, if not, what day will. 

H. A. VV. 



Bia LICK, April 21st, 1872. 
My Dear Sir : 

Yours of 19th ulto. is just rec'd. I am aware of nothing at 
this time which will prevent me from being in Annapolis on the 30th, 
Tuesday. It will probably suit me as well as any other time, and at 
any rate I do not wish to delay the adjustment of the boundary ques- 
tion. 

If I cannot attend the meeting, Mr. DeJarnette and yourself had 
better proceed with the business. 

Had you not better carry your documents and proofs with you? I 
mean those upon which we rely, not the maps of extraneous matter. 

Most respectfully and truly, 

WM. WATTS. 
To Gov. H. A. Wise. 



Note. 



The foregoing letter of Col. Watts was received April 23d. Mr. 

DeJarnette being present and informing me that he could not attend 

on Tuesday, 30th inst., we fixed upon Tuesday, the 7th of May next, 

and I immediately notified Col. Watts and Hon. I. D. Jones, and shall 

await the reply of the latter. 

^ H. A. WISE. 

April 23d, 1872. 



121 



BALTIMORE, April 25th, 1872. 
Gen'l H. A. Wise: 

My Dear Sir : 

Yours of 23d inst. has been received. I will notify my col- 
legues that Tuesday, 7th May is fixed upon for the meeting of the 
boundary commissioners at Annapolis. 

I think there is no doubt that day will suit their convenience, and 
you may notify your colleagues accordingly. 

Very truly, yours, 

ISAAC D. JONES. 



BALTIMORE, May 3d, 1872. 
Gen'l H. A. Wise: 

My Dear Sir: 

I have this moment received a reply from Mr. Aydelotte to my 
note informing him of the appointment to meet at Annapolis on Tues- 
day next, 7th inst. I saw Mr. Waters in person a few days ago, they both 
promised to be in attendance on the day named. There will be no 
difficulty in obtaining comfortable rooms, and a room for conference 
at the Maryland hotel for the accommodation of the commissioners. 
I will try and have them ready for us on our arrival on Tuesday 
morning. Anticipating the pleasure of meeting you on the day named, 
I remain yours, very truly, 

ISAAC D. JONES. 



Telegra7n. 

WASHINGTON, May 7th, 1872. 

Delayed this morning by change of hours for trains leaving. Will 

meet you by first train leaving. Answer what time commissioners 

will meet. 

D. C. DeJARNETTE, 

Nat. Hotel. 
16 



122 



STEAMER TREDAGER, 
Onancock, May 30th, 1872. 

My Dear Gen'l : 

My engineer reports that we have not coal sufficient to go to 

Crisfield, and to take us to Norfolk. I am, therefore, sorry that 1 

cannot put the steamer at the service of the boundary commissioners. 

I shall start for Norfolk to-morrow. I wish you were alonjr with 

me. Y'rs truly, 

0. A. BROWN. 
To Gen'l H. A. Wise, 

Crisfield, Md. 



CRISFIELD, June 2d, 1872. 

His Excellency Gilbert C. Walker, 

Governor of the State of Virginia: 

Sir : The joint commission on the boundary of -the states of 
Virginia and Maryland, have been engaged in conference and investi- 
gation at Annapolis, at this place, and at Smith's island in the Chesa- 
peake bay, for several w.eeks, and are continuing their work on the 
Eastern sliore line, here, and at Smith's island, and propose to pro- 
ceed next eastward to the Pocomoke, Swanseacute and Assateague 
islands, to the ocean. 

We, the commissioners of Virginia, have found very important re- 
cords at Annapolis and at Princess Ann, the county seat of Summer- 
set county, Maryland, and more important stone monuments, no less 
than four large and obviously memorial marks, on Smith's island, 
three of which are precisely, we think, on the line of 38° N. latitude, 
but we can ascertain nothing accurately as to course and distance 
without the necessary scientific survey. We will need such survey 
still more between James' island point and the Pocomoke river, and 
between Swanseacute creek and the ocean, the line between Swansea- 
cote creek and the Pocomoke river being already sufficiently marked 
of old, and by Michler, to inform us of every essential point, wanting 
only to be a little more permanently marked. We therefore unite in 



123 

requesting you to authorize us to procure the assistance .of the office 
of the coast survey of the United States, through Mr, Richard Cutts, 
assistant superintendent, and to draw on you for the expenses of the 
survey to be paid out of the contingent fund. The commissioners of 
Maryland will, we fear, decline to pay any portiou-of the expenses, 
but it is, we deem, necessary and indispensable to be incurred on the 
part of Virginia, and will be very valuable, in any event of agreement 
or disagreement, in determining a line by the joint commission. The 
whole course of the Maryland commissioners indicates delay and dis- 
agreement. We have taken a large mass of depositions, some sixty 
manuscript pages, and are happy to say that they are most favorable 
to the claim of Virginia^ and shows a state of things in this part of 
the waters of the two states, which needs a prompt and decisive 
remedy. We, therefore, depute Mr. DeJarnette to take this letter to 
you, and to proceed, with your authority, to Mr. Cutts, at Washing- 
ton. He will relate to you the particulars of our proceedings. 

I have the honor to be. 

Your excellency's ob't serv't. 



H. A. WISE. 



By order of the commissioners of Virginia. 



Telegram. 

RICHMOND, Va., June 4th, 1872. 

Hon. Henry A. Wise : 

After reviewing action of legislature last session, governor 
does not feel authorized to pay expenses from contingent fund. Tele- 
graph what I must do. 

D. C. DeJARNETTE. 



124 



U. S. COAST SURVEY OFFICE, 

Washington, June 20, 1872. 

Gov. H. A. Wise, 

Virginia Boundary Commissioner , etc., etc., etc., 

Richmond, Va. 

Dear Sir : I am informed that the commissioners of the 
Maryland and Virginia boundary, are now ready to have the line sur- 
veyed. I am authorized to inform you that a coast survey officer 
will be detailed immediately for the purpose, on an official request 
being made. 

Very respectfully, 

C. S. PEIRCE, 

Assistant in charge of Office. 



June 21. — Answered. 

Ist. Not ready for survey, and probably will not be before Septem- 
ber next. 

H. A. WISE. 



RICHMOND, Va., August 22cl, 1872. 

Hon. I. D. Jones : 

My Dear Sir : I have just been retained in a capital case 
of homicide, to come on September 2tl, in Gloucester county, Va. ; 
and other engagements, will prevent me from meeting the boundary 
commissioners on the 3d of that month. I would like to have a post- 
ponement to Tuesday, September 17th. What say you ? 

I will notify my colleagues, and you can notify yours, according to 
your appointment, of which I beg yow to inform me at your earliest 
convenience. 



Yours, very truly, 

HENRY A, WISE. 



125 



BALTIMORE, Aug. 22, 1872. 

Eon. H. A. Wise: 

My Dear Sir: 

Yours of yesterday just to hand, and I assume to sj^eak for 
my colleagues and self^ and to agree to your request, to postpone the 
meeting of the boundary line commission from the 3d to the 17th 
Sept'm. I will immediately notify my colleagues that I have con- 
sented, and am sure it will meet their approbation. 

iS ijf i\i ^ fi 

Very truly yours, 

ISAAC D. JONES. 



Note by Gcv. Wise. 
Aug. 24th, 1872, notified Messrs. Watts and DeJarnette. 



WARM SPRINGS, 
Bath Co., Aug. 21, 1872. 



My Dear Sir 



I do not recollect certainly whether we are to meet the Mary- 
land boundary commissioners on the 1st Tuesday or the 2d Tuesday 
in Sept'm. Will you be kind enough to inform me? Direct your 
reply to this place where I will be for a week longer. The 2d Tues- 
day would suit me best, but I will try and conform to our agreement, 
whatever it was. 

Very respectfully and 

Truly yours, 

WM. WATTS. 



126 



RICHMOND, August 26th, 1872. 
My Dear Sir: 

Ths historical register of Virginia contains an extract which 
is very valuable to the commissioners on the boundary between Vir- 
ginia and Maryland. It is from a paper written by L. W. Tazewell, 
Esq., for you, then in congress, entitled: "Notes as. to the limits of 
Virginia." Have you now the original paper in full.^^ If not, where 
can it or a copy be procured.^ Please assist me in getting this valua- 
ble paper. It is very important, and I beg you to furnish me with it. 

Very truly and respectfully yours, 

HENRY A. WISE. 
Hon. E. W. Hubbard. 



SARATOGA, Sept. 6th, 1872. 
Eon. II. A. Wise: 

My Dear Sir : Your letter, asking me whether I had the 
"original" paper written by Mr. Tazewell for me, in support of the 
" right and title of Virginia to the land west of the Ohio, ceded by 
Virginia to the United States in 1784 ?" 

Having solicited the aid of Mr. Tazewell and Mr. B. W. Leigh, to 
aid me in vindicating the right and title of Virginia to the land ceded 
the United States government, which had not only been assailed, but 
denied by Hon. H. Hall of Vermont, in one or two most villianous 
reports — one, a select committee of five members, composed of 
Messrs. Goode and Goggin of Virginia, and Stanley of North Caro- 
lina, Cave Johnston of Tennessee, and H. Hall. The legislature of 
Virginia, nevertheless, again appealed to congress in behalf of our re- 
volutionary bounty claimants, asking congress to pay the claims out- 
standing, many being among the best claims : for instance. Governor 
Nelson's and others. 

5> ;> o « {» » 

These resolutions from our legislature, were referred to the. commit- 
tee on public lands. When taken up by the chairman of the com- 



127 

mittee, he, ia a contemptuous and sneering manner, held the resolu- 
tions up, and asked what member of the committee would venture, 
after the crushing and damaging report of Mr. Hall, to again recom- 
mend to congress to p^y those claims. Each member declined, and 
he appealed to me — of course I could not, so undertook the task, and 
decided to do all I could in behalf of the state, her citizens, her honor 
and rights. Being, as you know, a farmer, &c., I ventured to invoke 
the aid of two of our greatest men. 

The report has been greatly sought after and complimented, and I 
learn, a/ifer I left congress, a bill was passed paying these outstanding 
claims. I only state what I heard after I left public life. 

Tazewell's portion commenced on page 3, and closed at page 21. 
Leigh's commenced at the close of page 21, and closed at page 29. 

Yours, truly, 

E. W. HUBBARD. 



WARM SPRINGS, 
Bath Co., August 26th, 1872. 
My Dear Sir: 

I received your letter yesterday. My courts commence on the 
10th Sept'm, and although I am not pursuing the law actively, yet I 
have on hand some business which I must attend to. I cannot, there- 
fore, be in Baltimore on the 17th Sept'm. Cannot our meeting be 
postponed to the last of the month, or to some day early in October, 
or to the latter part of that month.? It seems to me that our busi- 
ness ought to be brought practically to an end at our next meeting, 
and we ought to have full time for consultation, and any field work 
it may be necessary to do. I believe that a competent engineer, with 
the assistance of the old deeds we have, and the local knowledsre of 
the inhabitants can ascertain the divisional line on Smith's island, 
and when that is done it is of course terminates the controversy. I 
think we ought at least to make the effort and provide sufiicient time 
at our next meeting to make it — my plan would be to Baltimore in 
October, from there to Crisfield — and then either agree or disagree. 
I make these suggestions for your consideration. 
Very truly vours, 

WM. WATTS. 
Gov. H. A. Wise, 

Bichmond, Va. 



128 
P. S. to the foregoing letter of Col. Watts. 



Note by Gov. Wise. 

Answered August 28th. Appoint early. Will Tuesday, the 1st 
Octo., do.^ 

H. A. W. 



SPRING- GROVE, 
Caroline, Va., August 27th, 1872. 

To Gov. Henry A. Wise: 

Dear Sir: 

Not being present when our last meeting in Maryland ad- 
journed, and not being informed of the time and place of our next 
meeting, I write, requesting you to give me that information. 

Very respectfully, y'rs, &c., 

D. C. DeJARNETTE. 



Note by Gov. Wise on above letter. 

Answered 29th, saying that the 3d Sept. as the time and Baltimore 
as the place were named. But I proposed to Mr. Jones the 17th Sep. 
He agreed but Col. Watts declined. What day would Mr, DeJar- 
nette propose.^ 

H. A. W. 



129 



WARM SPRINGS, Aug. 30th, 1872. 
My Dear Sir: 

Your letter just received. I will meet you on the 1st October 
in Baltimore, or at any other point without fail. That time suits me 
better than any other, and I hope we will be able to finish our work 
in some way. 

V- f,i -:Jr -S ^ 

Very truly yours, 

WM. WATTS. 
Gov. H. A. Wise, 

Richmond, Va. 



Note by Gov. Wise on foregoing letter of Col. W. 

Replied to Sept. 13th, 1872, saying the 1st Oct. is the day. Also 
notified Hon. I. D. Jones, and requested him to notify his colleagues, 
and also notified Hon. D. C. DeJarnette. 

H. A. WISE. 



BALTIMORE, Sept'r 26, 1872. 

Gen'l H. A. Wise : 

My Dear Sir : I found yours of the 22d inst., awaiting my 
return from the Eastern shore, on yesterday. I have spoken to Col. 
Dorsey, of Barnum's hotel, who has promised me to furnish you a 
comfortable room, and also will provide comfortable accommodations 
for your colleagues, if they will stop with him. 

Our meeting will be at the same time with the meeting of the State 
Agricultural Fair, so I requested him to reserve rooms for you and 
your colleagues until the 1st October, which he promised to do. 

Very truly yours, 

ISAAC D. JONES. 
17 



130 



RICHMOND, Va., Sept. 28th, 1872. 

To his Excellency G. C. Walker, 

Governor of Virginia: 

When I entered upon the duties of a commissioner on the part of 
Virginia, to settle and adjust the boundaries between her and the state 
of Maryland, I found that the valuable papers which were obtained 
by Col. Aug. BIcDonald, in England, relating to the said boundaries, 
and which were contained in oiine quarto-folios of manuscript, were 
mutilated and missing. Three of the volumes which were found were 
mutilated, and none of the other six could then be found. Over a 
year ago, and before Mr. DeJarnette was sent to England, my col- 
leagues and myself "were informed that Mr. Thomas Wynne, of this 
city, had one of the missing volumes, and Mr. DeJarnette went imme- 
diately to him, with the request of the commissioners that he would al- 
low them the use of it for the state's purposes. The answer was, that 
he had it in his possession, but the use of it was not obtainable by the 
commissioners. Lately, Mr. Wynne admitted to me in person that he 
has four of these missing volumes. I requested him to let me ex- 
amine them, and his reply was, that he would return them to the state 
library, and there I could get access to them. He has not, so far as I 
am informed, returned them to the library, nor to the executive ar- 
chives, if they belong there ; and on Tuesday, the first? proximo, the 
com\nissioners of the two states are to meet in Baltimore, to hold, per- 
haps, a final conference, and to state the respective claims of their 
states. I have again and again called attention to this matter, and 
failed to get access to these missing papers. 

If Mr. Wynne had furnished these volumes when first applied to 
for one of them, they could probably have removed the necessity of 
sending to England after copies ; but he never, until within the last 
few weeks, informed me that he had four volumes of them instead of 
one ; and though he was on one of the committees of the senate last 
winter, touching these boundaries, he never disclosed to the boundary 
commissioners of the state that he had these missing state papers in 
his possession, and has withheld whatever information they contained 
ever since. They are very important, and should be reclaimed. They 
are manuscript records, and ought never to have been permitted to 
be taken out of the library, or out of the executive files. As to how 



131 

they shall be reclaimed, and when returned, I most respectfully sub- 
mit to your excellency. I inform you of these facts in discharge sim- 
ply of my public duty. 

I am, most respectfully, 

Your ob't s'v't, 

HENRY A. WISE, 
For the commissioners on the part of Va'. 



This letter, written to-day, Sept. 28th, 1872, at about the hour of 
11 o'clock, A. M., was not sent to the governor owing to the fact that 
within the hour or half hour after it was written and read to James 
Neeson, Esq., who was advised with as a friend about the matter, 
Mr. Thomas Wynne came into my office (Mr. Keiley, the mayor of 
Richmond, having just entered before Mr. Wynne) bringing with him 
a bundle. In a few moments Mr. Neeson, Mayor Keiley and Mr. 
Wynne left together, and in 15 or 20 minutes Mr, Wynne returned, 
whilst Judge Guigon and myself were looking over the papers con- 
tained in the bundle brought in by Mr. Wynne. One was vol. 5 of 
the McDonald papers, slightly cut in the leaves next both backs; the 
other was a package of the same McDonald papers, which seemed to 
be in size another volume thereof, but it was without binding, and 
there was no number of the volume on it. I told Mr. Wynne he had 
very recently informed me that he had four vols, of these manuscripts. 
He admitted that he had so told me but he had made a mistake, that 
he had but these two. 

I asked him when he got them, he replied last January. I told 
him that must be a mistake, for I knew that Wm. Green, Esq., had 
one of these at least 18 months ago, and that BIr. Green's notes were 
in the book on many pages. He said he had loaned it to Mr. Green, 
and then added that he got it out of the library during the war. I 
reminded him that Mr. DeJarnette and John S. Wise had called on 
him for any of the McDonald papers more than a year ago, and he 
admitted that they had, and that he had one of them. I asked him 
if it was so mutilated when he got it from the library. He said no, 
the backs were taken off one of these volumes for Mr. Wynne to have 
it printed. He asked me to receipt for the vols. I declined as I de- 
sired the proper authority to vouch for their condition when put into my 



132 

hands. He said that he had the backs taken off at his own risk and 
•without authority, and took the books away with him, saying as he 
went that he would return them to the library on Monday next. 

H. A. WISE. 



RICHMOND, Va., Oct. I9th, 1872. 

Eon. Henry A. Wise', 

Ch'rm'n Commission on Boundary Line, c&c, (fee, &c.: 

Dear Sir : 

The senate of Virginia, at its last session, made an appropria- 
tion for the printing of such of the papers brought from England by 
Mr. DeJarnette, and of the McDonald papers also, as the commis- 
sioners on the boundary lines would allow the committee on the library 
to have printed. 

On behalf of this committee, I write to request that you will allow 
the papers in the first volume of the McDonald papers to be printed. 
The first paper in it is an account of the proceedings of the house of 
burgesses which met at Jamestown, in I6I9. The second is "a list 
of the names of the living and dead in the colony of Virginia in 1623," 
and all the rest are of a character to throw light upon the condition 
of the colony during the period between 1619 and 1629. All of them 
are written and relate only to matters that transpired before the col- 
ony of Maryland was known or heard of, and therefore cannot relate 
to any subject which, if made public, could effect the question of 
boundary. The committee propose to print only a limited number, 
say 500 copies, for the use of members of the legislature, and others 

who are interested in the of our state, and I hope you will make 

no objection to allowing this to be done. 

With high respect, y'rs, &c., 

THOS. H. WYNNE, 
For the library committee. 



133 



RICHMOND, Va., Oct. 20th, 1872. 
Tho's H. Wynne, Esq.: 

Dear Sir : As I told you in our last personal interview, re- 
specting the papers relating to the boundary question between Mary- 
land and Virginia, I must decline to take any responsibility whatever 
for the printing of those papers. Up to a very late period, as you 
know, I have had access to but three of the manuscript volumes of 
the McDonald papers. I have never been offered the opportunity of 
examining the first volume of them. I am told that volume in your 
possession has been returned since I saw it in your hands, and that it 
is in the state library now. I shall call for it to-morrow. My col- 
leagues on the boundary commission are not here, and without them 
I can give no consent to publish. But a short time will elapse before 
our report is made, and nothing can be lost by delay until we see 
whether the commission will agree, and the state will consent, to a 
publication. 

I assure you this declining to assent on my part is not captious. I 
don't hesitate to say to you, as I did from the beginning, the boundary 
commissioners ought to have access to the McDonald papers before 
any are published. 

Very truly and respectfully yours, 

HENRY A. WISE. 



PRINCESS ANN, MD., Oct. 28, 72. 

non: Henry A. Wise: 

Dear Sir : 

Enclosed you will find the copies ordered in yours of 22d inst. 
I hope you will find that I have understood you correctly, and the 
copies are what you want. 

I would have caused them to have been made and forwarded you 
last week, but we were all engaged in our court which was in session. 

I also enclose the bill for copies heretofore made by your order. This 
you can attend to when convenient. 



134 

Heartily reciprocating the wish that the members of the joint com- 
mission "may all be well and meet on the 7th prox., with a mind to 
settle all difierences/' I subscribe myself, 

Very respectfully, yours, &c., 

LEVEN L. WATERS. 



BIG LICK, Nov. 24th, 1872. 

My Dear Sir: 

I will be in Richmond on the evening of the 27th or 28th. Was 
detained by sickness from the last meeting. 

Very truly yours, 

W. WATTS. 
Gov. H. A. Wise, 

Bichmond, Va. 



Telegrams. 

September 25th, 1872. 
To Gen. Henry A. Wise : 

I will meet you punctually at Barnum's. 

WM. WATTS. 



BALTIMORE, Nov. 5th, 1872. 
To Eon. Henry A. Wise : 

Please make arrangements — will probably leave Monday night. 

ISAAC D. JONES. 



135 



MILFORD, Va., Nov. 7th, 1872. 
To Hon. H. A. Wise: 

We are here on our way. Mr. Waters along. 

ISAAC D. JONES. 



BALTIMORE, Nov. 6th, 1872. 
To Eon. H. A. Wise: 

Leave this four P. M., steamer, for York river. 

ISAAC D. JONES. 



RICHMOND, Va., Nov. 30th, 1872. 

My Dear Sir: 

Nothing could have been more mortifying to me than to be 
called away, as I was, imperatively beyond my power of arrangement 
or control, when you and your colleagues came to Richmond. I tried 
my utmost to get back here in time to see you, and pay you the at- 
tention which I desired to show you in Richmond and the surround- 
ing country. When I returned, I did not wonder that you had left, 
as illness had prevented my colleague. Col. Watts, from attending. 

My expectation was, that with my two colleagues you might read 
the statement on the part of Virginia, and confer on any proposed 
plan of adjustment. 

I regretted very much that you and your colleagues had to return 
without making any progress towards a conclusion. Since my return 
I have pressed the copying of the statement on the part of Virginia, 
but having to prepare one for you, and one for the executive of Vir- 
ginia, it has been delayed until now. I forward it now by express, 
directed to your address. I have hurried its preparation so much that 
the copy has not been carefully corrected. I beg you will allow much 
for the want of verbal correction. 

I hope you will confer as early as convenient with your colleagues, 
and let me know ten days beforehand, when you can meet us here; 



136 

I say here, for I will not be content until we can have you here, as- 
sembled with us, to prove that we meant to be punctual to appoint- 
ment, and desire cordially and sincerely to welcome you all three as 
cherished guests. 

Please acknowledge receipt of statement. 

Yours, very truly, 

HENRY A. WISE. 
Hon. Isaac D. Jones, 

Commissioner, &c., &c. 



BALTIMORE, Decem. 4th, 1872. 
Eon. H. A. Wise: 
My Dear Sir: 

I have received your favor of 30th ulto., and also the state- 
ment of the Virginia case. My colleagues and myself greatly regret- 
ted your absence from Richmond while we were there, but fully ap- 
preciated the necessity which caused it. 

I find by your letter that our apprehension of Col. Watts's illness 
were well founded. 

As early as practicable, I will confer with my colleagues upon the 
Virginia statement. If j'our statement as you suppose, shall need 
allowance for want of verbal correction, by reason of hurried prepara- 
tion, ours will need the same indulgence. 

An error has occurred to me in the criticism of Mr. Tomlin's trans- 
lation of certain latin words. The word "cum" should be "id," re- 
ferring to "flumen," which is neater, and is "flumen " in the accusa- 
tive case, and not ^Jluminum,' as I think it is in the manuscript. You 
will oblige me by correcting those words if you find I have made the 
error as supposed. 

I am sure it would afi'ord me very great pleasure to meet you and 
your colleagues at Richmond. We thank you heartily for your cor- 
dial and earnest invitation. But I fear we will find it difficult to 
accept it within the next two months, my engagements occupying me 
until after the first week in Jan'y. Summerset court will meet and 
occupy Mr. Waters for a week or more. But I will confer with my 
colleagues upon this subject when we meet. 

Very truly, yours, 
Signed, • ISAAC D. JONES. 



137 



BALTIMORE, October 21st, 1872. 

Dear Sir : 

Yours of the 19tli instant, is just received. In reply, I would 
state that the steamer " Maggie" leaves the foot of South street for 
Onancock, every Tuesday and Friday evening, at 5 o'clock. The 
" Helen" leaves the same wharf for Pungoteague, at the same hour, 
on Sundays and Wednesdays. The order of the Somerset county 
court, about which I spoke to Baxly Browne, and to which you pro- 
bably refer, was one passed in the year 1667, I think ; and laying off 
the course and direction for the old county road. In this order, 
"Watkins' point," was named as determining the course. 

Another order, passed about the same time, and laying off " Anna- 
messex hundred," under the old system of county subdivision, also 
mentions " Watkins' point," as one of the boundaries of said hun- 
dred. This is my recollection about the matter, and I am quite sure 
the statement of these main facts is substantially correct, although I 
have not looked at either of the orders for some years. You can easily 
find them by a reference to the record book of that period, although 
I am not sure that they will be of any assistance in locating, with 
sufficient definiteness for your purpose, Watkins' point. 

With great respect, 

I am very truly yours. 



Eon. IJenry A. Wise, 

Richmond, Va. 



J. UPSHUR DENNIS. 



18 



138 



RICHMOND, Va., Oct. 27th, 1873. 

Eon. I. D. Jones : 

Dear Sir : Some months ago, I wrote to you requesting to 
be informed when and where the commissioners on the part of Mary- 
land, would meet those on the part of Virginia, to make a further at- 
tempt to settle and adjust the boundary between the two states, and 
as yet have received no reply. Will you please inform me, at your 
earliest convenience. 

We can probably meet you at Baltimore whenever you will appoint. 

Yours truly, 

HENRY A. WISE. 

After 1st November, address me at Accomack courthouse, until af- 
ter the 15th of same month. 



BALTIMORE, October 28th, 1873. 

Hon. Henry A. Wise : 

My Dear Sir: 

Your favor of the 27th instant is this moment received. The 
letter you mention as having been written to me, some months ago, 
requesting to be informed when and where the commissioners on the 
part of Maryland would meet those of Virginia, to make a further 
attempt to settle and adjust the boundary between the two states, has 
not been received. I have had no letter from you since the 3d Dec'r, 
1872, at which time I received the " statement and claim of the Vir- 
ginia commissioners respecting the boundary line in question. 

In my letter acknowledging the receipt of yours with the "state- 
ment," I replied that I would submit the statement to my colleagues 
as early as practicable, and would inform you the result of our delib- 
erations upon it. We met and carefully considered the whole matter 
and I was requested to communicate to you the result. A variety of 
intervening causes have delayed my compliance with this request, but 



139 

for some time past, I have been devoting to the subject all the time I 
could command from other indispensable engagements. 

I am gratified to learn from your letter that you and your colleagues 
can probably meet us in Baltimore at any time we may appoint. 

I do not wait to consult my colleagues, but in reliance upon their 
concurrence, will name Tuesday, the 18th Nov'r, at Barnum's hotel, 
in this cityj when and where we will be glad to meet the Virginia 
commissioners. 

Please confer with your colleagues and inform me if this time and 
place will suit their convenience. I will immediately notify Messrs. 
Waters and Aydelotte, and hope the appointment I have ventured to 
make will suit them. If it sJiould not, I will address you as requested . 

Very truly, yours, 

ISAAC D. JONES. 



Nov. 10th, 1873. 
My Dear Sir: 

I only received yours of the 29th Oct, to-day. Monday, the 
17th Nov'r, is my court day, and to reach Baltimore the 18th Nov'r, 
I would have to leave here on Monday, and so miss my court, which, 
for special reasons, I desire to attend. The 20th Nov'r will suit me 
for the reasons stated far better than the 18th. If, however, it is 
absolutely necessary I will lose the court, and be in Baltimore on the 
18th, for I am, for many reasons, most anxious that we should come 
to some settlement of this boundary question. 

Most truly yours, 

WM. WATTS. 
Governor Wise, 

Bichmondf Va. 



140 



PHILADELPHIA, Nov. 11th, 1873. 



Gen. H. A. Wise 



Dear Sir : Yours of the 5th instant, was forwarded to me 
at this place. I hope to be able to meet you at time and place named. 



Respectfully yours, &c., &c., 



D. C. DeJARNETTE. 



PHILADELPHIA, Nov. 15th, 1873. 



Gen. H. A. Wise: 



Dear Sir : I find that I cannot meet you on the 18th inst., 
in Baltimore, as proposed, but will be able to meet you at Baltimore, 
on the 25th inst. 

Hoping that this will not subject you or our associates on the com- 
mission to any inconvenience, and that I may hear from you soon, 

I am, sir. 

Yours, most respectfully, &c., 

D. C. DeJARNETTE. 

P. S. — Direct your letter to Bowling Green, Caroline county, Va. 

D. C. DeJ. 



141 



OAKLAND, Nov. 16th, 1873. 

My Dear Sir: 

I received your postal card this morniDg. Business of impor- 
tance requires my presence in Salem to-morrow, but I will be in Bal- 
timore Tuesday night, without fail. This, I hope, will be in time for 
our business, though I should like very much to be present at the 
FIRST of the proceedings. Can't you meet and adjourn over to the 
next day, the 19th, when I will be present. 

Very truly yours, &c,, 

WM. WATTS. 
Gov. H. A. Wise, 

Baltimore. 



RICHMOND, Va., Dec'r 18th, 1872. 

To Ms Ex'lly Gilbert C. Walker, 

GovW of the State of Virginia: 

Sir: 

I am instructed by my colleagues on the boundary commission 
between the states of Maryland and Virginia, to report to you their 
proceedings since their last report, and to submit a statement on the 
part of each state, setting forth their respective claims of boundary. 

Maryland claims to the south bank of the Potomac, to Smith's 
point ; thence to 'Cedar straits, on the eastern shore of the Chesapeake 
bay ; thence up the Pocomoke river, to where what is called the Cal- 
vert and Scarbrough line crosses that river ; thence by said line to the 
Atlantic ocean. 

Virginia claims to the north bank of the Potomac, to the extreme 
southern angle of Point lookout ; thence by a right line to the ex- 
tremest part of the westernmost angle of Watkins' point, at the north 
head-land of Little Annamessex river ; aud thence by the Calvert and 
Scarbrough line, to the Atlantic ocean, according to the line run in 
1668, by the commissioners on the part of the two colonies, fully and 



142 

finally confirmed by both Lord Baltimore and the royal province of 
Virginia. 

This difference of boundary embraces eminent domain of great 
value ; and the commissioners of the two states are endeavoring to 
agree upon a fair and liberal compromise. 

The joint commission met first at Annapolis, 'tvhence, they ad- 
journed, after examining certain records there, to meet at Crisfield, on 
the line of the Eastern shore, near the central and closing point of 
the entire lines between the two states. There and at Smith's island, 
on the Tangier sound, they took the depositions of near thirty wit- 
nesses, touching the marks and trade of the lines, and they found a 
number of marks on Smith's island, because the natural head-land 
forming the extremest part of the westernmost angle of Watkins' 
point, west of the Pocomoke river. 

After full conference and comparison of views, it was agreed that 
the commissioners of the'two states should prepare statements of their 
respective claims and interchange them simultaneously, at their next 

joint meeting appointed to be in Baltimore, on the day of 

last. On assembling, the commissioners of Maryland read and fur- 
nished a copy of the statement on the part of Maryland. The state- 
ment on the part of Virginia was not completed, but was in part read 
and in part stated orally. After a full hearing of extreme claims and 
pretensions on both parts, various propositions of compromise and 
concession were reciprocally made and considered, and finally all ques- 
tions were adjourned to another meeting at the city of Richmond, in 
November last, by which time the statement on the part of Virginia 
could be completed. The gentlemen of the Maryland commission 
came on, and, unfortunately, Mr. Wise, of the com'rs of Virginia, 
was suddenly called off, and Mr. Watts was too ill to attend, no joint 
meeting was, therefore, held, and all that could be done was to fur- 
nish the com'rs of Maryland with a copy of the statement on the part 
of Virginia. That has been duly forwarded to the Hon. 1. D. Jones 
for himself and colleagues; and when they have sufficiently considered 
it, they will inform the com'rs of Virginia when and where another 
joint meeting can be held. Thus the settlement is not yet concluded, 
but a reasonable hope is confidently entertained that a satisfactory 
adjustment can and will be agreed on. 

The accompanying papers discuss the whole matters 'of law and 
fact fully; and will, it is thought, ^satisfactorily explain the difficulty 
and delay of this work by its vast volume of history. 



143 

Paper " A " is the statement of the commissioners on the part of 
Maryland; it has no appendix of matter referred to. 

Paper " B " is the statement of the commissioners on the part of 
Virginia. 

Paper C is the appendix of paper " B," containing the more im- 
portant matters referred to therein. 

Since the last report two other manuscript vols, of the McDonald 
papers have been found, in addition to the 3 vols, found by the com- 
missioners in the state library. There are now 5 of those vols.; seve- 
ral of them mutilated. The two lately recovered were handed in to 
the librarian of the state by Mr. Thomas Wynne of this city; but 
they were received by the commissioners not in time to be closely ex- 
amined for the uses of their works though it is thought that they 
contain but little pertaining to the subject of boundaries between 
Maryland and Virginia. The more important evidences of Virginia's 
claim were to be found in the papers brought by Mr. DeJarnette from 
England, and they have been found richly worth all the cost aud ex- 
penditure of sending for them. The Maryland archives respecting 
the Calvert and Scarbrough line of 1668 from Watkins' point to the 
ocean, aided by these papers, make the claim of Virginia certain and 
conclusive. The cost of sending to England consumed a large part 
of the appropriation, and that added to the pay of the commissioners 
has entirely exhausted them. The state is now in arrears to the com- 
missioners as the auditor's accounts will show. 

If the boundaries are settled by the joint commission, the line will 
have to be run and permanently marked by a detail of surveyors from 
the office of the United States coast survey. The cost of that, and 
the pay and arrears of pay of the commissioners will, it is estimated, 
require an additional appropriation of ten thousand dollars, ($10,000.) 
If not adjusted by the commissioners, most important interests of the 
state require that she shall resort to the Supreme Court of the United 
States. That will require at least the same amount of appropriation 
of $10,000 to begin with ; and ten times that amount may well be 
expended to save the state's interest in the riparian rights of the Po- 
tomac river : in about fifty square miles of land on Smith's island, 
and south of Little Annamessex river, and north of the Pocomoke 
sound, on the main ; and, in about 300 square miles of oyster beds 
in the Chesapeake bay, and in Tangier and Pocomoke sounds. Du- 
ring the past year, the town of Crisfield, exactly on the Calvert and 
Scarbrough line, at its terminus on the Little Annamessex, shucked 



144 

and shipped to the markets, mainly in the west, one million of gallons 
of oysters, costing at the places where sold an average of one dollar 
and eight cents per gallon, and bringing in the markets an average 
profit of 100 per cent. The place employs 250 vessels, 1,500 catchers, 
about the same number of openers and packers, has fifteen packing 
houses, and sells as many oysters in the shell as are sect to market 
opened. The trade at the mouth of Little Annamessex, in oysters, 
is worth from three to four millions of dollars per annum. Maryland, 
at present, derives more than four-fifths of its profits and revenue. 
The stakes in this boundary question, therefore, are worth, on the 
whole line in dispute, too many millions of dollars to be lightly relin- 
quished, or to be neglected. Your commissioners have, therefore, 
taken full time for thorough and elaborate investigation, and their 
task has been immense, in references to history, to manuscripts, to 
state papers, to the laws of two states, to maps, reports, records, old 
patents and archives, until they have developed and embodied a mass 
of valuable history besides what pertains to the question of boundary, 
and much of its important matter is new. They, therefore, urge that 
your excellency will lay this report and accompanying papers before 
the general assembly^ with the request of a liberal appropriation ta 
meet either contingency : of amicable adjustment, or resort to the Su- 
preme Court of the United States. 

They retain the papers of the commission in their charge, with their 
journal, until they shall make a final report. All which is respect- 
fully submitted. 

I have the honor to be. 

Your excellency's 

Most ob't serv't, 

HENRY A. WISE, 
By order of Commissioners on the part of Virginia^ 



• • 



JOUEN"^L 



OF THE 



JOINT COMiSSIOi OF MARYLAND AND VIRGINIA. 



The commissioners^ by appointment, met at Annapolis; adjourned 
to meet at Crisfield; and thence adjourned to meet at Baltimore; and 
the following is the memorandum of their proceedings, at those places 
at the times named, and appended hereto are the depositions of wit- 
nesses taken as to the boundaries known to the inhabitants : 

ANNAPOLIS, MD., May 8th, 1872. 

The commissioners on the part of Maryland and Virginia, to- wit: 
Hons. Henry A. Wise, D. C. DeJarnette and William Watts, on the 
part of Virginia, and Isaac D. Jones, William J. Aydelotte and Levin 
L. Waters, on the part of Maryland, appointed by acts of assembly 
of their respective states, to adjust and settle the boundary lines be- 
tween the two states, met pursuant to agreement, in this city, on yes- 
terday, the 7th inst,, and heldian informal meeting for the interchange 
of views. 

This morning the commission met again, and on motion of Mr. 
Aydelotte, was formally organized by electing the Hon. D. C. DeJar- 
nette, chairman, and Levin L. Waters, as secretary. 

The morning session of the commission was occupied in the read- 
ing of reports by the Virginia and Maryland commissioners to their 
respective legislatures, and in the reading by Gov. Wise of an argu- 
ment by Mr. Tazewell, of Virginia, for the purpose of pressing the 
claims of Virginia to the north bank of the Potomac, as the true 
boundary between the two states, without concluding which the com- 
mission at 3 o'clock, P. M., took a recess for one hour to dine. 
19 



146 

The commission re-assembled at 4 o'clock, P. M., and Grov. Wise 
resumed the reading of Mr. Tazewell's argument. This having been 
concluded, the commission was engaged in discussing the reports of 
Scarborough, Lee and Macdonald, and examining maps until a quar- 
ter before 7, at which hour the commission took a recess 'til 8 o'clock, 
P. M. 

The commission re-assembled at 8 o'clock, and were engaged until 
the hour of adjournment in the investigation and discussion of maps, 
charts, &c. The commission at 11 o'clock, P. M., adjourned 'til to- 
morrow morning at 10 o'clock. 



THURSDAY, May 9th, 1872. 

The commission met this morning pursuant to adjournment. 

Mr. Jones, on the part of the Maryland commissioners^ offered the 
following: 

''The Maryland commissioners respectfully request the commission- 
ers of Virginia to furnish them at their convenience a written state- 
ment of the boundary line between that state and the state of Mary- 
land, as claimed by them, with a statement of the facts, documents, 
maps and other evidence by which they claim the establishment of 
the said boundary in order that the Maryland commissioners may con- 
sider the same and reply thereto with a statement of the Maryland 
case and claim as understood by the Maryland commissioners." 

This was rejected by the Virginia commissioners, and in lieu thereof 
Mr. Wise offered the following : 

" The commissioners of Virginia and Maryland, to settle and adjust 
the boundaries between the two states, mutually and concurrently 
agree, that the commissioners of each state shall furnish the commis- 
sioners of the other state, at the earliest convenience of both, with a 
written statement of the location of boundaries claimed by each, re- 
ferring to any documents, maps, or other evidence, by and under which 
either state claims, but not confining either party to the evidence so 
adduced, the object being to furnish only the statement of the claim 
on either side. Each shall state the location of claim on the Poto- 
mac, and each shall designate what it claims to be the true Watkins' 
point, or part of Watkins' point, on the Eastern shore, or what point 
is claimed to be the initial point of the line on the Eastern shore, with 
a reference to the evidence on which the claim rests." Which proiJO- 
fiitioD was unanimously adopted. 



147 

The following resolution, offereil by Mr. Jones, was adopted : 
Resolved, That when the joint commission adjourn to-day, it shall 

adjourn to meet at Crisfield. on Wednesday morning, May the 22nd, 

inst. 

On motion, the commission, at 2 o'clock, P. M., adjourned. 



CRISFIELD, May 22nd, 1872. 

Pursuant to adjournment at Annapolis, Commissioners Wise, Aye^ 
delotte and Waters, met here this morning, Messrs, DeJarnette and 
Watts were detained by an accident to the steamer, and Mr, Jon^s, of 
the commission, was prevented attending by urgent business detain- 
ing him at Philadelphia, 



CRISFIELD, May 23rd, 1872, 

This morning, the commissioners having all assembled, the joint 
commission proceeded in the Maryland oyster police steamer Leila, to 
Smith's island, and visited a stone about three-fourths of a mile north 
of the residence of Johnson Evans, at Horse hammock, and ordered 
the same to be taken up for inspection. All the commissioners re- 
turned to Crisfield, except Governor Wise, who remained at the island 
from choice, to see to the removal of the said stone. 



CPJSFIELD, May 24th, 1872. 

The joint commissioners left this place this morning in the Mary- 
land steamer, and met Governor Wise on the Virginia steamer off 
Smith's island, who reported to the commissioners that he had caused 
the first stone north of Horse hammock to be taken up, and that it 
was lying on the marsh for ,their inspection, and that he had found 
two other stones within eighteen feet of each other in the same tho- 
roughfare where the first was found, near half a mile from Troy island, 
and in about forty or fifty feet from the edge of the marsh at Beaver 
hammock, and showed on the coast survey chart where it was to be 
found. All the commissioners, except Governor Wise, proceeded to 
the stones. They found the first stone lying on the edge of the marsh 



148 

near its site. In attempting to break off a piece of it the stone was 
broken into two pieces, which were put together and replaced in the 
position from which it had been taken. 

They also proceeded about two miles farther up the thoroughfare 
to the two stones described and marked by Gov. Wise, and found them 
as he had represented. 

The commisioners at night returned to Crisfield. 



SATURDAY MORNING, May 25th, 72. 

Gov. Wise and Mr. Waters being required to go to Princess Anne, 
and Mr. Aydelott desiring to go home, the commission adjourned to 
meet at Crisfield on Monday morning next. 



CRISFIELD, May 27th, 1872. 

The commissioners, except Mr. Waters, who was detained at home, 
met this morning at the "Cove Hotel," in Crisfield, and ^proceeded to 
take the depositions of the following persons, to- wit: Isaac Sterling, 
McKenney Laws, Abraham Somers, John Cullen and Benjamin Lank- 
ford, and adjourned to meet at Horse Hammock, on Smith's island, 
the following day. 

TUESDAY, May 28th, 1872. 

The joint commission met pursuant to adjournment, and finding 
they had no one on Smith's island authorized to administer oaths, 
they returned to Crisfield to procure a justice of the peace, and ad- 
journed to meet at the same place again the next day. 



WEDNESDAY, May 29th, 1872. 

• 

Pursuant to adjournment the commissioners met and proceeded to 
examine other witnesses before Thomas K. Whealton, a justice of the 
peace of Maryland, and took the depositions of the following wit- 
nesses: John Marshall, James T. Evans, David Tyler and Severn 
Bradshaw. 

The commission adjourned to meet at Crisfield next morning. 



149 



THUKSDAY, May 30th, 1872. 

Pursuant to adjournment the commission met at the railroad office 
in Crisfield, and before the same justice of the peace took the deposi- 
tions of William Sterling, Michael Somers, Hance Lawson, William 
Nelson and Thomas W. Dougherty. The commission then adjourned 
to meet at Horse Hammock next mornincj. 



May 31st, 1872. 

The joint commission met this morning, pursuant to adjournment, 
and before the same justice took the depositions of Francis Evans, 
Severn Bradshaw, Benjamin Bradshaw, Stephen T. Dize, Johnson 
Evans and John Tyler. The commissioners then returned to Crisfield, 
and adjourned to meet again at Crisfield, on Monday, the 3d of June. 



CRISFIELD, Monday, June 2d, 1872. 

The joint commission met this morning j)ursuant to adjournment. 

Present : Messrs. Wise and Watts, on the part of Virginia, and 
Jones and Waters on the part of Maryland. 

Absent : Messrs. DeJarnette and Aydelotte. 

The commission proceeded to take the depositions of witnesses be- 
fore Justice Whealton. 

The deposition of the following witness was taken to-day : H^pry 
Dize. And they also examined sundry patents, and adjourned to meet 
at Crisfield the next day. 



CRISFIELD, Tuesday, June 4th, 1872. 

The joint commissioners met this day, at this place, pursuant to 
adjournment on yesterday. 

Present : Hon. I. D. Jones, Wm. J. Aydelotte, Esq., Col. William 
Watts, and I^enry A. Wise, Esq., who proceeded to take the deposi- 
tions of the following witnesses : Edward Towls, Clement R. Sterling 
and John Spence ; and other witnesses failing to appear, the commis- 
sioners proceeded in the examination of patents, and adjourned to 
meet at Smith's island the next day. 



150 



CRISFIELD, Md., June 5th, 1872. 

The joint commissioners having adjourned on yesterday, to meet 
to-day on Smith's island, to visit two stones, one at the mouth of a 
creek, oif " The Barrs," another on the west side of the ishind, off the 
shore of the upper part of Hog neck, but the wind being very high, 
and rendering the work impracticable on the island, they assembled 
to-day at this place. 

Present: Hon, I. D. Jones, Wm. J. Aydelotte, Esq., Cul. William 
Watts, and Henry A. Wise, Esq., and proceeded to read numerous 
patents of Virginia, for land at and near the divisional line of Vir- 
ginia and Maryland, as therein called for, of which the following were 
read and noted, to wit : 

And they also proceeded to take the depositions of the following 
witnesses: John W. Evans and Chas. W. Marsh. And thereupon 
adjourned to meet here at Crisfield to-morrow. 



CRISFIELD, Md., June 6th, 1872. 

Pursuant to adjournment, the commissioners met at this place this 
day, and read the journal, and read and compared sundry copies of 
l^apers; and according to an understanding on yesterday, when Mr. 
Aydelotte was present, they adjourned to meet at Baltimore, on Tues- 
day,«the 3rd day of September next. And before adjournment it was 
unanimously ordered that John E. Mowbray be allowed tea dollars 
a day for his services as clerk to the commission, in writing depositions 
and copying papers. 



BALTIMORE, Oct. 1st, 1872. 

The joint commission assembled at this place to-day. 

Present: Hon. I. D, Jones, "Wm. J. Aydelotte, Esq., and L. L. 
Waters, Esq., on the part of Maryland; and Hon. D.jC. DeJarnette 
and Henry A. Wise, Esq., on the part of Virginia. Col. Watts be- 
ing absent, sick. 

The commissioners having failed to meet according to their ap- 
pointment at Crisfield, on the 2rd of Sept. ult., the meeting was post- 



151 



poned at the instance of Mr. Wisej and agreed to by the commission- 
ers on the part of Maryland until the 17th ult.; and was postponed 
to this day. Upon assembling the commissioners adjourned until 10 
o'clock, A. M. next day, awaiting the arrival of Col. Watts, who had 
telegra23hed he would be here this day. 



BALTIMORE, Oct. 2d, 1872. 



The commission met to-day at Barnum's hotel. Absent: Colonel 
Watts. 

In pursuance of their previous resolution, they proceeded to hear 
the statements of the claims respectively of the two states. Mr. Wise 
proceeded on the part of Virginia to state the claim of boundary 
made by that state and concluded; whereupon the commission ad- 
journed to meet to-morrow at 10 o'clock, A. M., to hear the statement 
on the part of Maryland. 

BALTIMORE, Oct. 3rd, 1872. 

The commission met this morning pursuant to adjournment. Ab- 
sent: Col. Watts. 

Mr. Jones proceeded to read a written statement of the claims of 
Maryland, and after being partly heard Col. Watts arrived, when the 
commission paused for him to be informed of what had been done: 
and thereupon Mr. Jones continued his statement. Not having fin- 
ished the statement when the hour of adjournment arrived, the com- 
mission adjourned until 10, A. M., to-morrow. 



BALTIMORE, October 4th, 1872. 

Pursuant to adjournment, the commission met to-day, all being pre- 
sent. Mr. Jones proceeded to conclude his statement -on the part of 
Maryland, and submitted the following propositions of boundary, 
to wit: 

" Beginning: at low water mark, at the divisional line between the 
two states of West Virginia and Virginia, upon the south west 
coast or shore of the Potomac river ; thence following the said river, 
at said low water mark, to all wharves and other improvements now 



152 

extending, or which may hereafter be extended, by authority of Vir- 
ginia, from the Virginia shore, into the said river beyond low water 
mark ; and following the said river around said wharves and other 
improvements, to low water mark on the southwestern side thereof; 
and following the said river, in the same manner, down to the eastern- 
most angle of Smith's point, at the mouth of the said river Potomac, 
where it flows into the Chesapeake bay; thence by a right line to the 
centre of Cedar straits on Tangier sound, near the southern end of 
Watkins' point ; and thence by a right line, in a southeasterly direc- 
tion, to the channel of Pocomoke bay or river, nearest to Cedar straits; 
thence up, by and with the said channel of said bay and river, to a 
point thereon opposite to the place on the east shore of the said river, 
ascertained by Mr, De la Camp, in 1857, as the beginning on said 
shores of the divisional line, run and marked by Calvert and Scar- 
brough in 1668 ; and thence by and with said divisional line as sur- 
veyed and laid down on the map made by said De la Camp, for the 
joint commissioners of Maryland and Virginia in 1858, to the Atlan- 
tic ocean. The right of fishing and taking oysters in Pocomoke bay 
and river, to be common to the citizens of both states, subject to con- 
current regulations by the two states." 

Upon the reading of which said propositions, the commissioners on 
the part of Virginia took time to consider the same apart; and there- 
upon the commission adjourned until to-morrow at 10 o'clock, A. M. 



BALTIMORE, Oct. 5th, 1872. 

The commission met pursuant to adjournment; all present. 
Mr. Wise, in behalf of the commissioners of Virginia, submitted 
the following propositions, to-wit : 

Proposition First by Virginia. 

" The commissioners of Virginia having met separately and con- 
sidered the propositions submitted to them by the commissioners on 
the part of Maryland, most respectfully decline to accept the same; 
and in turn submit the following, to-wit: 

"The northern boundary line of Virginia shall henceforth be fixed 
and established at low water mark on the left or northern shore or 
strand of the Potomac river, for the whole extent of that shore of 



153 

said river where it is co-terminus between the two states of Maryland 
and Virginia, to the extreme end of Point lookout, the northern head- 
land of said river, where it disembogues into the Chesapeake bay; 
thence by a right line, across said bay and Smith's island therein, to 
the westernmost angle of Watkins' point, being the northern head- 
land of Little Annamessex river; and thence by and with line run by 
Philip Calvert and Edmond Scarburg, in the year 1668, over the Po- 
comoke river and Swanseacute river or creek to the shore of the At- 
lantic ocean on Assateague island. " 

The commissioners on the part of Maryland having considered these 
propositions respectfully decline the same. 

At this point the commission took a recess till 7 o'clock, P. M. 

The commission assembled at 7 o'clock, P. M., when Mr. Jones, on 
the part of the Maryland commissioners, submitted a second compro- 
mise as follows, to- wit: 

"The Maryland commissioners propose another and a second com- 
promise of the boundary controversy between the two states, viz : 
Beginning at the point on the Potomac river described in their first 
offered compromise line, and thence to Smith's point as stated in their 
first offer; and thence by a line across Smith's island to the place on 
Jane's island bar, where the light house stands; thence by a right 
line to the centre of Cedar straits; and thence to the channel of Po- 
comoke bay; and thence up, by and with said channel of said bay 
and river, and by and with the Scarborough and Calvert line to the 
ocean, as described in their first offered compromise line." 

The commissioner of Virginia informed the commissioners upon 
the part of Maryland that they most respectfully declined this second 
proposition; and thereupon the commissioners of Virginia made their 
second proposition, to-wit : 

Proposition Second by Virginia. 

"Proposition of boundary, offered by the commissioners on the part 
of Virginia, for and as a compromise line of boundary between the 
states of Maryland and Virginia : 

"The line run by Philip Calvert and Edmund Scarburgh, in the 
year 1668, from the right bank of the Pocomoke river over the same 
and over Swanseacute creek or river, and over the bays and sounds and 
islands on the sea side of the peninsula formed by the Chesapeake bay 
and the Atlantic ocean, to the shores of said ocean on Assateague 
20 



154 

island, straightened and corrected so as to make it a right line, shall 
be on that i)art of the boundary bet^Yeen the states of Maryland and 
Virginia, the divisional line between the said two states; and the 
same shall be fixed by permanent monuments, to be as early as possi- 
Bible erected by the said two states. Then, beginning at the termi- 
nus of said line on the right bank of the Pocomoke river, shall follow 
the said bank of that river down the same, to the eastern headland 
of East creek, at or near the head of Pocomoke sound, on the north 
side thereof, where a permanent monument shall be erected as afore- 
said; thence by aright line, over the water, to the middle of the chan- 
nel of Cedar straits; thence through said straits northwestwardly to 
a point due south from the western headland of said straits; thence 
to the low water mark of the shore of said headland, where a perma- 
nent monument shall be erected thereon; thence north to low water 
mark on the shore of the north headland of Little Annamessex river, 
where a permanent monument shall be erected thereon; thence to the 
point where the 38th degree of north latitude cuts across the Tangier 
sound and Smith's island, at or near Barnes's point thereon, and there 
a permanent monument shall be erected; thence along the shores of 
the north end of Smith's island at low water mark. and Kidge's straits, 
until it reaches the shore of that island on the Chesapeake bay; thence 
following said" shore, at low water mark, until it reaches the said par- 
allel of 38° N. L., at or near the great thoroughfare of Smith's island, 
where a permanent monument shall be erected; and thence to run on 
said parallel to the point where the said parallel is cut by a meridianal 
line drawn through the extreme southern angle of Point lookout, at 
the mouth of the Potomac river; and thence up that river, on the 
main channel thereof, to the point in that river, at and opposite to 
where the divisional line between Virginia and West Virginia touches 
the said river Potomac." 

The Maryland commissioners considered, and most respectfully de- 
clined, this proposition. And thereupon the commissioners on the part 
of Virginia, by way of compromise, proposed to the commissioners on 
the part of Maryland, the following, to- wit : 

Proposition Third, by the Commissioners of Virginia. 

"The commissioners on the part of Virginia, by way of compro- 
mise, propose . to the commissioners on the part of Maryland : That 
the line between these two states shall run by and with the main chan- 



155 

nelof the Potomac river, until it descends to the jioint where the rae- 
ridianal line, drawn through the extreme southeastern angle of Point 
lookout, the north headland of the mouth of said river, cuts the par- 
allel of the 38th degree of north latitude; thence in a right line to 
the westernmost angle of Watkins' point, it being the northern head- 
land of the mouth of Little Annamesses river; thence by aright line 
to the southwestern angle of the land and marsh at Cedar straits, 
north of these straits ; thence to the main channel of these straits, 
north of the most northern of the Fox islands ; tljence due east to the 
channel of the Pocomoke sound or river ; thence up the main channel 
of said sound and river to the place where the Calvert and Scarbrough 
line was run 'over' that river in the year 1668 ; and thence by the 
marks and monuments on that line to the shore of the Atlantic ocean 
on the Assateague island.*' 

The commissioners on the part of Maryland considered, and in- 
formed the commissioners on the part of Virginia, that their third and 
last i)roposition was most respectfully declined. 

The commissioners on the part of Maryland then offered the fol- 
lowing, to wit : 

Proposition Third, by the Maryland Commissioners. 

'' The Maryland commissioners, in a further effort to settle and ad- 
just the boundary line between Virginia and Maryland, by compro- 
mise, respectfully submit, for the acceptance of the Virginia commis- 
sioners, the following line, viz : Beginning at the point on the Poto- 
mac river, described in their first offer ; thence running down the said 
river to Smith's point in the manner set forth in their first offer; thence 
running by a right line to the centre of the great thoroughfare of 
Smith's island, called Mister's thoroughfare ; thence by and with the 
middle of the said thoroughfare to the mouth thereof, at Tangier 
sound, at a place called Big island ; thence by a right line through the 
centre of Cedar straits to the channel of the Pocomoke sound or bay; 
and thence up, by and with the channel of said sound and Pocomoke 
river, to the point opposite to the Calvert-Scarbrough line, as de- 
scribed in their first offer ; and thence by and with the Calvert-Scar- 
brough line to the Atlantic ocean. 

"And the Maryland commissioners respectfully submit the forego- 
ing as their last offer of compromise; and, if accepted, it must be with 
the understanding that all existing titles, rights and liens upon the 



156 

land south of said thoroughfarej granted by Lord Baltimore, shall 
continue in full force, and be considered and treated as valid in law, 
as if granted by the state of Virginia, or as any grant of confirmation 
by said state can render them, or any of them." 

This proposition was most respectfully declined by the commission- 
ers of Virginia; and they answered on their part that they had no 
other proposition of compromise to submit. Thereupon the commis- 
sioners, after further conference, adjourned to meet at Richmond, Vir- 
ginia, on Thursday, the 7th day of November next. 



BALTIMORE, MARYLAND, 

Tuesday, November 18th, 1873. 

The commissioners on the part of Maryland and Virginia, to set- 
tle and adjust the boundaries between the two states, by agreement 
appointed to meet at this place, this day. 

Present : Messrs. Jones, Aydelotte and Waters, on the part of 
Maryland, and Mr. Wise, on the part of Virginia. 

Absent : Messrs. Watts and DeJarnette, on the part of Virginia. 

There being no quorum, the meeting was adjourned until 10 o'clock, 
A. M., Wednesday, the 19th inst. 



WEDNESDAY, November 19th, 1873. 

The commissioners met pursuant to adjournment. 

Present : Messrs. Watts and Wise, on the part of Virginia, and 
Messrs. Jones, Aydelotte and Waters, on the part of Maryland. 

Absent : Mr. DeJarnette, of Virginia. 

The commissioners employed themselves in examining maps and 
documents pertaining to the matters before them. Several patents 
and deeds were referred to, and some were read, and especially a paper 
signed " James Boyle." 

Thereupon they adjourned, at 41 P. M., to meet on Thursday, the 
20th instant, at 10 o'clock, A. M. 



157 



THURSDAY, November 20th, 1873. 

The commissioners met pursuant to adjournment. 

Present : The same as on yesterday. 

On proceeding to business, Mr. Wise, on the part of the commis- 
sioners of Virginia, submitted to the commissioners of Maryland the 
following proposition of boundary, by way of compromise, to- wit : 

"To commence at the point in the channel of the river Potomac, 
opposite to the point where the states of Virginia and West Virginia 
are coterminous on the right bank of said river; and to follow the 
main channel of said river to the mouth thereof at the meridian of 
Point Lookout, the north headland of said river, cuts the 38th degree 
of north latitude; and this line shall be henceforth held and deemed 
the divisional line of the states of Maryland and Virginia west of the 
Chesapeake bay." 

The commissioners on the part of Maryland, upon hearing said pro- 
position, announced that they preferred to leave the boundary of the 
two states on the Potomac, as it was left by the constitution of Vir- 
ginia of 1776, and the compact between the two states in ithe year 
1785; and they proposed to consider the adjustment of the boundary 
from Smith's point, at the mouth of the Potomac river, across the 
Chesapeake bay and the eastern shore, to the ocean. The commis- 
sioners on the part of Virginia, acquiesced in this suggestion, and 
called for any proposition of compromise of the line over the Chesa- 
peake, and across the Eastern shore peninsular, which the commis- 
sioners of Maryland had to submit. Whereupon, Mr. Jones, of the 
commissioners of Maryland, by way of compromise, offered the follow- 
ing proposition^ to wit : 

" The boundary line from Smith's point to be a right line, across 
the Chesapeake bay, to the centre of Cedar straits upon the Tangier 
sound, near the southern end of Watkins' point ; thence by a right 
line, in a southeasterly direction, to the channel of Pocomoke bay or 
river, nearest to Cedar straits ; thence up, by and with the said chan- 
nel of Pocomoke bay and river, to a point therein opposite to the place 
on the east shore of said river, ascertained by Mr. De la Camp in 
1857, to be the beginning on said shore of the divisional line said to 
have been run and marked by Calvert and Scarbrough in 1668 ; and 
thence, by and with said divisional line, as surveyed and laid down on 
the map made by said De la Camp for the joint commission of Vir- 



158 

ginia and Maryland in 1858, to the Atlantic ocean ; tiie right of fish- 
ing and taking oysters in Pocomoke sound or bay and river, and in 
Tangier sound, from the southern end of Watts' island and Tangier 
islands, to the north end of Deal's island, and west to the Chesapeake 
bay, to be common to the citizens of both states, subject to concur- 
rent regulations by the two states." 

Which proposition the commissioners on the part of Virginia, re- 
spectfully decline to accept. 

Thereupon the commissioners of Maryland stated that they had no 
other proposition of compromise to submit. Then the commissioners 
on the part of Virginia, by way of compromise, to settle the boundary 
over the Chesapeake bay and across the isles and peninsula of the 
Eastern shore to the ocean, offered the following proposition, to-wit : 

" To commence at the point in the mouth of the Potomac river, 
where the meridian of Point Lookout, the northern headland of said 
mouth of said river, cuts the 38th parallel of north latitude; and to 
run a right line across Smith's island to the low water mark of the 
north headland of Little Annamessex river; thence a right line to low 
water mark at the end of Watkins' point at Cedar straits; thence to 
the channel of said straits; thence a right line to the mouth of East 
creek at the head of Pocomoke sound; and thence on and by the right 
bank of Pocomoke river to the point where the line run by Philip 
Calvert, on the part of Maryland, and Edmund Scarborough, on the 
part of Virginia, in the year 16GS, crosses said river of Pocomoke; 
and thence by said Calvert and Scarborough line to the ocean." 

This proposition was respectfully declined by the commissioners of 
Maryland. Whereupon, Mr. Wise, on the part of the commissioners 
of Virginia, offered the following proposition, to-wit : 

"To commence, as described in the last proposition, and to run on 
the 38tli parallel of north latitude until said paraillel reaches low wa- 
ter mark on the eastern coast of Smith's island; and thence to run a 
right line to the former location of a light boat, as described in the 
maps reported by Michler and De la Camp in the years 1858-'59, near 
the north headland of Little Annamessex river, on Jane's island; and 
thence a right line to the channel of Cedar straits; and thence a right 
line to the head of Pocomoke sound, and up the Pocomoke river to 
the Scarborough and Calvert line; and thence across the same by the 
Scarborough and Calvert line of 1G68 to the ocean." 

This proposition the commissioners on the part of Maryland re- 
spectfully declined to accept; and thereupon the commissioners on the 



159 

part of Virginia announced that they had no other proposition of com- 
promise to submit. 

Thereupon, there being no other business to be considered or trans- 
acted by the commissioners, they adjourned sine die. 

Signed, LEVIN L. WATERS, 

Secretary of the Joint Commission. 



At a meeting of the commissioners of Maryland and Virginia, to 
settle the boundary between those states, at the Cove hotel, in Cris- 
field, May 27th, 1872, the following depositions were taken by the 
commissioners and duly sworn to before : 

Travis Sterling first called, and absent. 

Mr. Isaac Sterling examined by Mr, Jones. 

Aged 81, last August; lived in Annamessex all my life, down be- 
low; his father, Henry, and his grandfather, Jno. Sterling, has been 
on Watt's island, on Tangier and Fox islands, and on the marshes 
between here and Cedar straits; has fished all around the islands 
pretty much from boyhood up; there are large pine stumps, and many 
of them around and between the said island; off West point, at Fox's 
islands is full of stumps; there are large stumps all over the marsh 
between here and Cedar straits, especially at Broad creek, at a i^lace 
called the Broug; there are large pine trees lying there now, from 
which I have picked off oysters; my grandfather told me there was 
once a considerable island where I am told the middle ground now is, 
in Pocomoke sound; at the north headland of Little Annamessex, on 
Jane's island; I, in my day^ have gathered peaches from high land 
near where the outer light house now stands at the Little Annamessex 
bar; I was fishing with Nathan Bradshaw- and old Capt. John Cut- 
ten; this was a long time ago, say 50 odd years ago. 

Examined by Mr. Wise, 

Born near Pocomoke sound, 1^ or 2 miles from here, between Jen- 
kins creek and Ape's hole; Hans. Lawson's father, Jas. Lawson, lived 
on the west of my birth j)lace; his land extended to Jenkins's creek, 
which empties into Little Annamessex; old Mr. Littleton and Tom- 



160 

ray Nelson lived lower down south near Pocomoke; this Tommy Nel- 
son was called by the nick-name of Old King Nelson; he lived at a 
place called Matthews' creek; nobody lives there now; Tommy or 
King Nelson's father was named Sacker or Zacker Nelson; he, King 
Nelson, was very old when he died; Michael Soraers, I believe, pre- 
tends to own the land where King Nelson lived; King Nelson left 
children; three of his sons are dead leaving children; they live now in 
this neighborhood; he has children living; William, daughters Nancy 
and Betsy; these three are all who are living; he left a number of 
grandchildren who are now living in this neighborhood; never knew 
the main land at Cedar straits to be connected with Fox island; Fox 
islands were the North Fox island, Big Fox island, the Muddy Marsh, 
and there is another across tlie Big Thoroughfare, and the Ledge's 
island north of the Big Thoroughfare; the Big Thoroughfare is be- 
tween the South Fox islands and Watts's island; vessels have always, 
at high tide, been able to sail between Watts's island and Fox's is- 
lands, at high water, going into and out of the Pocomoke and Tangier 
sounds; Ephraim Sterling lived east of the place where I was born 
when I can first remember; the next family east on the Pocomoke or 
Ape's hole side was old Mr. Jacob Bird; and those were the only fam- 
ilies living on the sound when I can first remember; these lived near 
the mouth of Ape's hole; old Uncle Travis Sterling lived a little 
higher up; I mean a little off the sound on the land; the peach orchard 
of which I spoke at the north headland of Annamessex was not on 
an island, but was a point running out from the high land of Jane's 

island. 

ISAAC STERLINa. 



Mr. McKenney Tawes was next sworn and examined. 

He stated : I am in my 77th year of age, shall be 77 next Christ- 
mas; very deaf; my wife is a daughter of Thomas, called Old King 
Nelson; has heard King Nelson say that his father, Sacker Nelson, 
lived on Fox island; they burnt his house down in the revolutionary 
war; John Blason bought from Sacker Nelson, and Middleton Mason, 
his son, lived there until within a few years past; Thomas and John 
Crocket bought it, and Tommy and Plowner Crocket live there now; 
was told Tommy is dead; heard King Nelson say, that when they 
lived there, well on Fox island was 150 yards out in the sound; don't 
know his age when he died; heard him say he had eaten peaches at 



161 

the north headland of Little Annamessex, near where the outer light 
house now stands; have heard there was an earth work for a battery 
on the old island, Jonns' island, at said point, which I have seen my- 
self; it is now all washed away; I knew when there was a smart ridge 
of land, but never knew wheat to grow there myself, but have heard 
it from the old old folks; no recollection of hearing King Nelson say 
anything of the washaway of land between Fox island and Watts 
island; my wife is still living, and I have heard her say that she waa 
born down here on the marsh where Billy Lawson lived, now vacant; 
she was born on the hammock between Lover's cove and Jenkins' 
creek; it is about three miles from that hammock to Cedar straits; it 
is a good big marsh; I don't know who claims this marsh now; Isaac 
Lawson, nick-named Terrapin, bought the hammock between Somers' 
cove and Jenkins' creek, and how much of the marsh he bought I can't 
tell; he bought it not over three or four years ago; he bought it of old 
Billy Lawson's heirs; old Billy bought it of Elijah Fruit; I don't 
know who he got it from; Middleton Mason moved from Fox island 
to Onancock in Accomack, and then I don't know what become of 

him. 

his 

McKENNY M TAWES. 

mark. 

Marked separately by the clerk, Jno. Mowbray, and Mr. Wise. 



Mr. Abraham Somers was next affirmed and examined. 

I am very deaf; my name is Abraham Somers, and my age, tradition 
says, is 79. I was born in 1793, I was born in Delaware; came here 
when quite a baby; moved here; was acquainted with Old King Nel- 
son; lived near him, about three-quarters of mile say; don't recollect 
how long he has been dead; have heard him mention the line of Vir- 
ginia and Maryland; he showed me the tree on Smith's island that 
was a mark of the line from Smith's point; have been on Smith's 
island, but the tree was cut down before I first went there; I could 
see it when standing from King Nelson's house; it was said to be a 
gum, and stood in Butler Tyler's yard; it is not washed away, and 
the land is there now; don't know but the stump is there now; he 
said it ran by Watkins' point. Butler Tyler I did not know, but I 
knew David Tyler, his brother, and I knew a daughter of Butler Ty- 
21 



162 

ler named Nancy. The two brothers lived close together. King Nel- 
son showed me the tree, and told me it was a line. This was said by 
King Nelson to be a mark of the line from Smith's point toWatkins' 

point. 

his 

ABRAHAM M SOMERS. 

mark. 



Mr. John CuUen was next sworn and examined. 

I was 79 years of age the 13th May present — this month. Was 
born in Annamessex, where Hans Lawson, the father of James and 
grandfather of Hans Lawson lived; have lived there as my home all 
my life, when at home, but have been a great deal from home. I knew 
King Tommy Nelson — can't say when, but think he died about 1854 
or 1855. Have heard him say that his father, Backer Nelson, told him 
that he had seen the time when he could have taken a fence rail 
and have reached cross all the break-throughs, and have walked 
across them all between Fox's island and Watts' island. I never 
heard King Nelson point out any line across Tangier sound between 
Maryland and Virginia but once, when I was at John Nelson's, and 
where the coast survey had its sites or signals set up, he pointed to 
one on Fox island, and said that was near where the line of Maryland 
and Virginia passed. It appeared to be pretty well on the west point 
of Fox island, near, I presume, where a pine with a round top stands; 
there was but one tree. Never heard him say more about the line; was 
never on Smith's island but twice — only in harbor; was there with 
John S. Handy and Henry Thomas to lay off the first election distri- 
bution laid off on that island by Maryland. [Here a memorandum of 
the record of the time was shown him by Mr. Jones, in June 1835.] 
Don't recollect the bounds laid off; Solomon Evans, Thomas Tyler, 
and another old Mr. Evans, described where the line was; I went with 
them to the church; they were notified that we were going on, and we 
met there at the church; there I asked them to give me the line be- 
tween Virginia and Maryland, and we made the return according to 
the information they gave us; they told me that John Tyler, who 
lived at Horse hammock, lived in Maryland, and we made our report 
on the verbal description of the persons whom we e;xamined. We did 
not go to Horse hammock or to any point, but took the description 
at the church, and they all told me that John Tyler lived at Horse 



163 

hammock, and I thought, and we all thought, that Horse hammock 
was "Dunn point" ; never had the line pointed out to me at any 
other time, and thought the line across the sound commenced at Horse 
hammock, and never had any point shown me on this side of the 
sound for the course of the line between the two states. I arrested a 
vessel in 1851, called the Fashion, belonging to Severn Tyler, and 
John Tyler was on board of her as captain; saw her dredging off the 
mouth of Little Annamessex, west of that mouth, at a rock called 
Fittby's rock, northeast of the great or big oyster rock — the largest rock 
in the sound; we did not arrest her at Filley's rock, but we were com- 
ing up the channel of the Tangier sound, and the boats saw us and be- 
come suspicious of our intent, they bore down the sound in a southwest 
west direction, as if he wanted to get to Horse hammock, which was 
John Tyler's home. From where we saw him dredging he ran about two 
miles before we arrested the vessel. At the point where the arrest was 
made, he was, I suppose, in Virginia waters. There were witnesses in 
the case of Severn Tyler examined as to where the line of Virginia 
and Maryland was. Thomas Tyler was examined; I don't recollect 
whether Hoffman was sworn. T. Tyler said that there was a cedar 
standing on the east side of Smith's island, but that the marsh or 
point where the cedar stood was all washed away; that he and others 
went down on that side where he understood the cedar had stood, and 
he waded in and searched until he found some roots; he pulled up the 
roots and carried them to the shore, and told them to examine and 
see whether that was not cedar, and it was pronounced to be cedar, 
and he stepped from where the cedar was and said the boat was ar- 
rested in Virginia; I asked him how it was that when we laid off the 
election district that he said Horse hammock was in Maryland; and 
he made me no answer, but turned away and would not answer; he 
was father of Severn Tyler, and grandfather of John, the captain; I 
think that no witnesses were examined on my part in the case of Se- 
vern Tyler against me (I am the same man, John Cullen, against whom 
the judgment was had) respecting the line of the two states. 

Examined by Mr. Wise. 

I was absent much from home, having for many years been a sea- 
faring man; and all that I know about the line between Maryland and 
Virginia either of my own knowledge or by tradition I have stated; I 
think it was in 1853 or 1854 when King Nelson told me what his 



164 

father told him about the state of the waters at the break through 
between Fox's islands and Watt's island; then at the time when he 
so told me the space between Fox's islands and Watt's island was all 
broke through; the space is about five miles; I had known that space 
ever since I was 15 or 16 years of age; it has been 40 years since I 
was at Watt's or Fox's islands either, but I think they have washed 
away a great deal; I have not been there, at either Fox's or Watt's 
islands, for 40 years; I was acquainted with Watt's island from the 
time I was 16 years of age until about 40 years ago; I knew Watt's 
island from about 1809 to about 1832; the last time I was there, about 
1832, it had washed away 75 yards in front of the house where old 
Robert Parker had a wharf; I think the high land had washed 
from 70 to 80 yards; the north end of the island had washed away a 
good deal, but I can't say, I cannot tell how much, Fox's islands have 
washed away; in the 23 years, from 1809 to 1832, I think the south 
end of the south Fox island had washed away from 40 to 50 yards; 
the small island just off the north end of Big Watt's island, had 
washed away but very little; the westernmost point of the north end 
creek had washed away very much; there were two breaks through at 
the westernmost point and one at the easternmost point of north end 
which had washed a great deal; where King Nelson informed me, as 
I have stated about these waters between Fox and Watt's islands in 
1854, I do not know how long before his father, Sacker Nelson, had 
died; I never knew Sacker Nelson; I know Josiah Parker, the son of 
Robert Parker, now living; I believe his age is about 82; he is my 
father's half brother, and I have not visited him for forty years, nor 
has he me in that time; in all my time I have never known Fox's is- 
lands to be connected with the main; I don't now know, and never 
did know. Fox's islands well; when I first knew them there were first 
the north island called Green Harbor; second, facing south, Maggathy 
Hammock; next. Doc's Hammock; next. Slip Ledge; next, the Long 
Ledge; next, the Round Ledge, and there was the Eastern Hammocks 
of Fox's islands; and then on the west of the group is Big Fox's is- 
land, and there is a little island between the two thoroughfares, and 
now Big Fox's island I am told is cut in two by a break through; and 
there is Muddy Marsh to the east of the lower Fox's island; there 
were 3 muddy marshes, but there is but one now; I never knew of an 
island in the Pocomoke sound called George's island; there is what is 
called the middle ground, a sand bar over which a canoe cannot pass 
at low water; when King Nelson showed me where the line of the two 



165 

states passed Fox island I think was in 1853 or 1854; if I have been 
understood as saying that King Nelson in 1853 or 1854, 1 think, where 
the coast surveyors had erected signals along the eastern coast of the 
Tangier sound; that he actually pointed to or actually showed me any 
sisnal on Fox islands I did not mean to be so understood, but I mean 
to say that be told me that a signal which was on Fox's island was 
never the line of Virginia; he did not point to any signal on Fox's is- 
land, or show it to me, but I had seen one there and we were talking 
about it, and he said that it was near the Virginia line; it was on the 
northernmost one of the group of Fox's islands; I never knew other- 
wise than this that the signal there was near the Virginia line; of my 
own knowledge I never knew where the Virginia line was; I had my ideas 
of it, from my hearing that there was a direct line from Smith's point to 
Chincoteague; 1 do not say that that line would cut any j^art of Smith's is- 
land and I don't think it would; Ilaidoff the line of the election district 
on Smith's island in 1835, leaving a part of said island in Virginia, 
because the men on the island told where they understood it to be; 
the one tree which was standing then on Fox's island, was on the 
northernmost island of the Fox island groupes; if there is but one 
tree of a large size standing on Fox's islands, it must be on the north- 
ernmost island, and on the north end of the northernmost island; I 
do not know whether there is any tree at all now on the northernmost 
island; if there is one large tree now standing on Big Fox island too 
large and old to have grown there since 1853 or 1854, it must have 
been there in 1853 or 1854; I never knew of any mark, tree or other 
mark of boundary, betvi'een Maryland and Virginia, on either of the 
Fox islands, or on the main land near Cedar straits; 1 was never in- 
formed of any such mark other than as I have described, or as related 
to me by King Nelson; I never looked for any mark at the place where 
I saw the signal of the coast survey, talked about by me and King 
Nelson; copy of the report, signed and sealed by John S. Handy, John 
Cullen and Henry Thomas, dated 16th June, 1835, made by them to 
the levy court of Somerset county, describing the limits of the elec- 
tion district then laid off on Smith's island, has been read to me, and 
it seems to be a correct copy of the report ma4e by me and the other 
two commissioners. [Here insert the report.] When I seized the 
Fashion in 1851, I thought the Big Oyster rock was in Maryland; 
when 1 seized the Fashion, running from Fellby's rock in a southwest 
course, and as I thought towards Horse hammock, the then home of 
John Tyler, I seized her at the north end or upper part of the Big 



166 

rock; when I seized her there, I thought at that time that she was in 
Maryland; in the civil case of Severn Tyler against me, for seizing 
the Fashion there, the verdict and judgment in that case were decided 
against me, and I had to pay the damage which was assessed against 
me; the damage was assessed against me for the damage and deten- 
tion of the vessel and the witnesses who were sworn in the case for the 
plaintiff; I did not mean them who put the value on the damage done 
to the vessel; Thomas Tyler, in the trial of the case of Severn Tyler 
against me, swore that the cedar described by him stood some distance 
north of Horse hammock; from that point above Horse hammock, he 
sighted across the sound, and said the vessel was in Virginia; he did 
not say to what point he sighted; he, Thomas Tyler, was not exam- 
ined as a witness in the case of Severn Tyler against me; he testified 
in the case prosecuted by the state of Maryland against the vessel, 
and stated what he did about the cedar; when the vessel was cleared 
from the prosecution by the state, then Severn Tyler sued me, about 
a year afterwards, and recovered verdict and judgment against me; 
and Thomas Tyler was not examined in that case; Thomas Tyler did 
not admit, when I asked him how he came to tell me that Horse ham- 
mock was in Maryland, when the commissioners laid off the election 
district on Smith's island, that he had ever told me so, but walked 
away and made no answer; he did not deny it, nor did he admit it. 

Re-examined by Mr. Jones. 

According to my recollection, the verdict and judgment which were 
rendered in the case of Severn Tyler against me, in the civil suit for 
damage and detention of the vessel, were rendered by consent; Mr. 
Crisfield, the counsel of Mr. Tyler, came to me and said my case was 
a good one for the legislature, and urged me to compromise; that he 
would do all he could for me; my counsel, Judge Tingle, coming to- 
gether with Mr. Crisfield, also advised the same course; I recollect of 
no witness being examined, except about the damage to the vessel; I 
recollect of no witness being examined about the detention of the ves- 
sel, and of no witnesses being examined except Southey Miles; there 
were no witnesses examined as to whether the vessel was seized in Ma- 
ryland or Virginia; and* none as to whether the vessel was dredging in 
the waters of Maryland or Virginia; none, according to my recollec- 
tion; but witnesses were examined in the previous cases of the state 
of Maryland against the Fashion, and I was myself examined in those 



167 

cases, and stated what I have stated here, that she was seen by me to 

be dredging on Fillby's rock, and was seized by me on the upper part 

of Big rock, and the vessel was acquitted or cleared of violating the 

laws of Maryland by dredging in her waters; by the line spoken of by 

me as the line which I thought was the line of Virginia and Maryland, 

running from Smith's point to Chingoteague, I meant Chingoteague 

island. 

JOHN CULLEN. 



Mr. Benjamin Langford was next sworn and examined. 

I am now 72 years old; I was born in Annamessex, about four miles 
east of this place, near where I now reside, and I now reside right on 
the Pocomoke sound, about three quarters of a mile from the shore; I 
live on the tract known and called Kirk's purchase. Here the wit- 
ness produced a paper, purporting to be an extract from Liten, No. 
14, folio 265 or 261, stating that the grant of Kirk's purchase, dated 
10th May, 1671, lying near " Watkins' point," as shown by the copy 
hereto annexed. The tract of land called Watkins' point, lies on the 
east side of Apes' Hole creek, near to the mouth of it, once called 
Johnson's creek; have never heard any tradition of any line from Tan- 
gier sound across this peninsula to Pocomoke river, never until Lee 
came here to run a line; I heard they were running a sort of a pro- 
miscuous line from Worcester county through here, but I never knew 
what line they run or where they made it. 

Examined by Mr. Wise. 

I have heard of no line except what I have learned from books, from 
Jefferson's Notes of Virginia, and from McMahon, John V. L. Mc- 
Mahon's history, and he says about the same thing; that a line run 
from Cinquack to Watkins' point, and where Watkins' point is I 
never knowed; I don't think 1 ever heard of any tradition about a line 
run by Philip Calvert and Edmund Scarbugh; I did not know of that 
line, but I may have heard of it; I had read John V. L. McMahon's 
history of Maryland, before Lee came to run the line which he run; I 
read a part of it but never read it through in my life; have heard of 
a man named Kilty and believe I have heard he was a lawyer, but 
never heard any more about him; I don't know where I got the tradi- 
tion of Calvert and Scarborough's lines. 

BENJAMIN LANKFORD. 



1G8 

In pursuance of adjournment at the Cove hotel, Crisfield, May 27th, 
inst., the commissioners met at Horse Hammock, May 28th, insl., 
and finding they had no one competent to administer an oath, they 
sent to Crisfield to procure a justice of the peace or notary public, 
met again at the house of Johnson Evans, at Horse Hammock, May 
29th, inst., and proceeded to examine other witnesses as to the true 
boundary uf Maryland and Virginia on Smith's island. 

Present : Thos. K. Wheelton, justice of the peace of the state of 
Maryland; Hon. I. D. Jones and Wm. J. Aydelotte, commissioners of 
Maryland, and Hon. D. C. DeJarnette, Col. Wm. Watts and Henry 
A. Wise, commissioners of Virginia, May 29th, 1872: 

John Mar.shall was first sworn and examint^d. 

Examined by Mr. Wise. 

I am going in my 63d year ever since the 19th of the present month 
of May; I was born on Sykes's island; I came to Smith's island to re- 
side when I was about 17 years of age, and have resided on Smith's 
island ever since; I have known the greater part of the old inhabitants 
of Smith's island ever since; I knew Tommy Tyler, William Tyler, 
Elijah Evans, John Parks, John Evans; and I knew Jacob Bradshaw 
and Solomon Evans at Kedge's straits, and Hampton Bradshaw and 
Littleton Bradshaw, his brother, and others; and all these and other 
old people are now dead except Mrs. Vina Bradshaw, the widow of 
Jacob; the oldest man now living is Mr. Teackle Evans, who is, I 
think, close by 80 or 85 years of age; and the next oldest man is 
Captain Ephraim Tyler, who keeps the Fog's point lighthouse, and 
the oldest of the junior generation areHainey Bradshaw, Severn Brad- 
shaw, Francis Evans, Mrs. Maria Guy, and myself and others; I was 
shown what was said to be the line between Virginia and Maryland 
on Smith's island, say from 15 to 20 years ago, by old Mr. William 
Tyler, when he and I were alone; he showed me a boundary stone, 
from three-quarters of a mile to a mile north of Horse hammock, 
where Johnson Evans now resides and where old Captain Peter Ev- 
ans lived at that time; he told me it was fixed there tor the boundary 
stone between the two states of Maryland and Virginia; he told me 
that he was carried to that stone and whipped by his grandfather, I 
think, named Butler Tyler to the best of my knowledge; and that he 
was whipped there to make him remember that it was a boundary stone 
between the two states. This was about 15 or 20 years ago; the stone 



169 

has not been moved to my knowledge since, but this ice may have moved 
it two or three feet, but I do not know that it has moved it, and if it has 
moved it; I would say, from my knowledge of the movements of the 
ice, that it has moved it to the south, if it has moved it at all; I was 
first called to notice the stone in 1851, in the case of John Tyler 
against the state of Maryland, was tried before the circuit court of 
Somerset county, in the state of Maryland, in the year 1851; this case 
involved the schooner Fashion, of which Severn Tyler was owner and 
John Tyler captain, for dredging oysters in the waters of Maryland, 
contrary to her laws; witnesses were examined in the trial of that case 
as to where the line of Virginia and Maryland ran across the Tangier 
sound; I was examined myself as a witness in the case, and I heard 
the examination of other witnesses in the case; the vessel I saw seized, 
and she was taken by Mr. John Cullen, I know not by what authority, 
on the westward side of the Great rock; that rock lies about from east 
to southeast from Horse hammock, this house; I did not see her in 
the act of dredging; that rock is a very large rock, it lies north of the 
present Davidson and Lovett line; I mean it is a large oyster rock, 
called the Great rock; I don't think any portion of that rock lies north 
of an east line from the stone described by me; I have never been 
called to note that stone since, until called on by Mr. Aydelotte and 
Mr. Wise, here present, in October, 1871; at that time I showed that 
stone to these two commissioners, and to captains Browne and Drum- 
mond, and others; the same stone which 1 showed to them then, at 
the same place, I went to on Friday last, and saw it removed from its 
place, lying on the edge of the marsh, and a stake sticking in the 
place whence it was removed; according to what I heard Mr. John 
Tyler testify in the aforesaid case in 1851, 1 have no doubt that stone 
•was a boundary stone between the two states; he testified in court 
that he was carried to that stone, as a boundary stone, and whipped 
severely, to make him remember the stone as a boundary; Mr. Thomas 
Tyler also testified that he was carried to the stone and "ducked," to 
make him remember it as a bounder; Mr. John Tyler also testified that 
he was carried to it and whipped at the same time; these were all who 
testified about the stone at that trial, and they are all three dead; Mr. 
William Tyler died about three years ago, and I am told his age then 
was about 80 years. Mr. Thomas Tyler died, I am told, about 1864, 
and his age on his tomb-stone is marked 91 years; so that he was 
about 78 years of age at the time he testified in said cases. John Ty- 
ler died^ I am told, 17 years ago last September; I don't know his 
22 



170 

age when he died, but am told he was between CO and 70 years of age; 
so that he must have been about 61 when he testified. William Ty- 
ler was the son of David Tyler; Thomas Tyler was the father of Da- 
vid, and William Tyler and Thomas were both the sons of David, 
whose father was Thomas Tyler; John Tyler is said to have been the 
father of the last named Thomas Tyler, who was the oldest Tyler I 
have ever heard of. Thomas Tyler, the son of John the elder, lived, 
I am told, at the Home place on Dunn point, and that place has been, 
as long as I have known it, in the Tyler famil}' until purchased by 
my son, John Wesley Marshall, and others, in 1866. I know of but 
one "Dunn point" on Smith's island, but am told there are two. I 
remember there is a Dunn point two or three miles north of this on 
the northeast coast of Smith's island, but that point is not the 
"Dunn point" which I mean as the Home place of the Tylers; where 
William Tyler lived was called " Dunn point," and where Thomas 
Tyler lived was called " Black Walnut point." These two points were 
adjoining lands one to the other. Benjamin Bradshaw lives on "Dunn 
point," also William Evans, also William Snead Bradshaw, also Stu- 
art Evans; and John W. Marshall, my son, lives on " Black Walnut." 
These two points are near the middle of, on east and west line across. 
Smith's island. This Dunn point is not far off from Tyler's ditch; 
and on Sabbath last, Mr Ephraim Tyler, the keeper of the lighthouse 
at Fog's point at the north end of Smith's island, told me that he 
could not be here to testify, but sent word by me to the commission- 
ers that the line between the two states, as he was told by old Mr. 
Butler Tyler, his grandfather, I think, ran right through the yard of 
the Home place, between the kitchen and the house, at Black Walnut 
point. I don't know who Butler Tyler was; I am told that he was the 
elder brother of David Tyler. There are two ditches or canals called 
Tyler's ditch or canal; one runs by Black Walnut point, and is the 
northern one; and the other I never heard called Tyler's ditch until 
I heard the deed read from Elisha Crockett and wife to Richard and 
William Evans. Always before I had heard it called Parke's ditch. 
The one north of this I had always before heard called Tyler's ditch." 
The southern ditch cuts South point marshes, and how far these 
marshes ran north I don't know. I own half of South marshes 
now — my son a small part or share in it. We hold up to Parke's 
ditch; nobody lives near it on South point. The marshes west of 
South point are called Hog neck, north of Shanks' marshes, which 
are the part of Smith's island. A house is now standing on Hog 



171 

Eeck, where, I am told, the run-away marriages were held to and from 
Maryland and Virginia. The house is standing, but the kitchen is 
down, I was told by old uncle John Parkes, who was a very old man, 
and owned the place, that when couples ran away from Maryland to 
be married in Virginia, they were married in the kitchen, and when 
they ran away from Virginia to be married in Maryland, they were 
married in the dwelling-house; Mr. John Tyler now lives in the 
dwelling-house, and I can now come pretty near where the kitchen 
stood. I have known old John Nelson, who was the son of old Tom- 
my Nelson, called King Nelson; John Nelson's children have always, as 
I know and as long as I have known them, always lived on the lower part 
of Little Annamessex; I mean between Tangier and Pocomoke sound, 
and south of Little Annamessex. They lived higher up a great deal 
than Cedar straits. I live on Shanks' island, and I have paid taxes in 
Accomack county, Virginia, ever since I have lived on Smith's island; 
I first settled on South Point island close up to "Dunn Point," where 
Benjamin Bradshaw now lives; the creek just separated us; a mile, 
more or less apart, and then as well as now I always paid taxes in 
Virginia; I have never known the time when Fox's islands were ever 
joined to the main land norths and I have never heard of any such 
fact; and when I first came to Smith's island I came through Ce- 
dar straits in a canoe and flat sloop, and have known it ever 
since, having been through them I suppose 100 times ; I have 
also known what they told me were Fox's islands; there is a neck 
of land between Big Fox island and the . main ; it is an island 
now, but whether it has been artificially cut through or not I do not 
know; the passage between Watt's island and Fox's islands has always 
in my recollection been open to vessels of 6 feet draft and a little over; 
I have gone through there myself in a loaded vessel drawing 6 feet 
water; I think it is not more than three miles from the lowest Fox's 
island to Watt's island, and I have never heard of any tradition sta- 
ting that there was ever a time when one with the aid of a fence rail 
could walk from Fox's islands to Watt's island; I don't know where 
Cow Ridge is, except what I have been told; that it is where Severn 
Bradshaw, now present, lives, lying south of the thoroughfare on 
Smith's island, the thoroughfare runs right by it; his house is not 
more than 100 yards from his landing on the thoroughfare; I do not 
myself know of any place on Smith's island called Horse hammock, 
but have heard of a place called '* Oak Hammock," where Alick Ty- 
ler now lives; I know where old man John Parker lived; he is now 



172 

dead; he lived from 2 to 3 miles south of the north Tyler ditch^ which 
cuts through into the thoroughfare; John Parks's land was conveyed 
over some twenty years ago to James Hoffman, who removed to Pun- 
goteague creek, in Accomack county, Virginia, and he sold the same 
land to John and Severn Tyler; John is here at this house now, and 
lives now in Hogneck, on the same; they tell me that 900 acres of the 
land was recorded in Accomack county, Virginia, and the balance was 
recorded in Somerset county, Maryland; I have never paid taxes in 
Maryland on land or other property, or for any purposes whatever; 
old Wm. Tyler told me that when Peter Evans lived here at this place 
of Johnson Evans, called Horse hammock, he, Wm. Tyler, always 
paid the taxes assessed in Virginia at Drummondtown, and Peter 
Evans (who was my brother-in-law) paid him Wm. Tyler. 

Examined by Mr. Jones. 

To prevent misunderstanding of what I have heretofore said, I will 
now state that my meaning as to the time when I first knew of the 
stone spoken of by me, was to say that I first knew of this stone 15 
or 20 years before I was examined in 1851, in the case of John Tyler 
against the state of Maryland, about the "Fashion;" I now say, that 
I was first told of this stone by William Tyler, about the time of my 
first coming to Smith's island; I was never told by Mr. William Tyler 
anything about a cedar near the stone, and if he so stated in court I 
never heard him, or don't recollect it; I never heard anything of a 
bounder but a stone, and nothing in the trial of the case of the 
Fashion about a cedar; if anything was said about a cedar I don't re- 
collect it, and was not present all the time at the trial, nor anything 
of a cedar, or a cedar stump or root, that I recollect; nobody from 
the island, Smith's, testified about the line of the two states but the 
three Tyler's; Peter Evans lived here, at this place called Horse ham- 
mock, many years ago, say 25 years or more; he bought it horn old 
Mr. William Tyler and Allcey his wife, for mortgage debt, and sold it 
to John W. Marsh, who now lives on Chesconessex creek, in Accomac 
county, Virginia; I think, but I don't know, that the deeds from Wil- 
liam Tyler to Peter Evans, were recorded in Accomac county, Vir- 
ginia. (Here Mr. Jones read to witness an extract of a deed to Peter 
Evans by William Tyler and Alcey his wife, dated 2d October, 1842, 
and also a deed from Peter Evans and Trifieny his wife, to John W. 
March, dated 3d of October, 1857, both deeds recorded in Somerset 



173 

county, Maryland, and both deeds conveying a tract of land called 
Horse hammock, and reciting metes and bounds thereof, as in Somer- 
set county, Maryland, and beginning at a well known bounder stone 
lying at the sound side, about three quarters of a mile to the north of 
the house, &c., as shown by copies hereto annexed as exhibits.) 

By Mr. Aydelotte. 

Has no recollection of any processioners coming on here to proces- 
sion lands on Smith's island, from Virginia; and the officers of Vir- 
ginia have always neglected to come on here for any purpose, except 
when they want us to vote; I have never known a sheriff to come on 
here to collect taxes; they give in our lists themselves, and make us 
pay what they charge, and we have to go to the main land; I have 
paid always in Virginia, and never to any officer of Virginia on Smith's 
island; I have always voted in Virginia, except one time, and that 
was when I lived up on South point, and then I did'nt know in which 
state I lived, and voted in both states; I pay the oyster tax in Vir- 
ginia; many of the people of Smith's island pay their taxes on the 
oyster licenses in both states; Captain Browne has granted licenses, I 
believe, to people on this island clear up to Kedges' straits; in 1833, 
I lived on South point, and voted for Mr. Wise, here present, for con- 
gress, and voted for him up to February, 1844, when he left the house 
of representatives of the congress of the United States; Mr. Jones 
was elected in the adjoining district in Maryland, in 1841, 1842 and 
1843; I never voted for Mr. Jones, but did vote for Mr. Wise in 1841 
and in 1843, for the reason I was in Virginia, and I lived on South 
point, Smith's island. 

his 
JOHN Vi MARSHALL, 
mark. 



James T. Evans was next called, sworn and examined, by Mr. Wise. 

My age is 59; I live close to the place where I was born, on the 
same tract called "North end;" that place is very near a gum, about 
two miles north of this, close on the Thoroughfare; I take out my 
vessel license in Virginia, at Drummondtown, until the custom house 
was changed to Cherrystone; I was well acquainted with old Tommy, 
called King Nelson, and with old Job Parks, called Joby, two of the 



174 

oldest mpn I remember of ever knowing; I think they said Tommy 
Nelson was 105 years old, and Joby Parks was a little older; they 
told me that they hope run this line between Maryland and Virginia, 
and carried the chain; they said they went to Ragged point, on the 
Potomac river, and run a southeast course, five miles below Point look- 
out, down the Potomac, until they got north of Smith's point; from 
that five mile point, they struck an east course across the Chesapeake 
bay to Mister's thoroughfare to a gum tree, and from the gum tree to 
Beaver hammock, and put a stone there on Beaver hammock, between 
two cedars, and plants of the stumps are there now, and so is the 
stone; and thence to a point called the Barn, where also they placed 
a stone, which is said to be there; and then an east course to Caleb 
Janes' island, where they said a peach orchard stood, leaving a part of 
Janes' island on each side of the line; and now I can't say whether 
they said that they ran an east or easterly course from that point to 
Pitts' creek, on the Pocomoke river, they said they ran an east or 
easterly course to Pitts' creek on the Pocomoke; they said they brought 
the stones from Potomac river, which they placed as above stated; I 
have seen the gum tree of which I speak, and recollect it well; that 
tree stood on the south side of Mister's thoroughfare; beyond Pitts' 
creek, they did not say anything about running the line; besides this 
tradition, there were other traditions about where the line was, some 
said it was at Old Hein island channel, some said it was up as high as 
Troye island in the Thoroughfare, and some said as high as Kedges' 
straits; I was once a pilot with Blount, the coast surveyor, about 16 
or 17 years ago; he settled a large cedar bounder about ten paces on 
the sand shore at Ragged point, on the south side of the Potomac, 
and I believe that post is still there, it was put down so very deep, I 
can't say how deep; the gum spoken of was then on the land of Mar- 
maduke Mister, and it is now Severn Bradshaw's land; the cedar post 
at Ragged point was ])\it on the land of a Mr. Bowie, whose first 
name I don't recollect; Mr. Blount exactly agreed with the statements 
of Tommy Nelson and Joby Parks, as to the line as far as Pitts' 
creek; Mr. Nelson told me about this line when I lived at Janes' 
island, about 36 years ago, counting by my children; then I moved 
from Janes' island to the upper house on Tangier island, about 28 
years ago; and Job Parks and I became acquainted after I moved to 
Tangier, and he told me this about the same time 28 years ago; he 
lived on Tangier, and is the father of Stephen Parks, now living; both 
Nelson and Parks stated, that when the line was run, there were a 



175 

number of officers and other persons engaged in the work, and they 
had barges, &c., with them; I was told by them, separately and apart 
from each other, a long way apart, and at different times, and they 
agreed with each other; I have seen the stone at Beaver hammock, be- 
tween two cedar stumps, when it was in one piece, it is now in two 
pieces; I can't say how big it was, but according to my calculation, 
and that of others, it weighed about a ton; when I saw it on the' 
bank, before it went down the bank, it looked almost white, showing 
plainly from afar; there came a very hard freeze, about 1832, I know 
by the death of William Tyler, and a heavy storm, which cut the ice 
under the stone and drove it out, and the stone was afterwards found 
in the water in two pieces; Beaver hammock is where you found the 
stone, below Troye island from a third to a half a mile; Nelson and 
Parks mentioned no other boundaries of stone, and no other marks of 
the line to Pitts' creek, that I remember; I have heard old Mr. Johnny 
Pai kes say, the same who lived where John Tyler does, that the line 
went between his great house and kitchen, and Butler Tyler always 
said it went through his yard between his two houses, dwelling and 
kitchen; and Marmaduke Mister said it was not so, it went to the 
gum, for he saw Nelson and Parks when they helped to carry the chain. 

Examined by Mr. Jones and written by Mr. Watts. 

Job Parks told me he was thought to be over a hundred years old, 
and something older than Tommy Nelson. They said they helped to 
run this line soon after the revolutionary war. Tommy Nelson, at the 
time he told them, lived in Jenkins' creek. We were out fishing when 
he told them. He said they commenced the line on the Potomack at 
Ragged point; they ran southeast until they got five miles below 
point Lookout, and then east to the Gum — ; Job Parks said he was 
pressed by the British and kept until the year 1780; he made his escape 
and got to Drabs' island and walked across Brandkin sound, through 
to Flat Cap shore; he then traveled down to Cedar straits, and then 
started across Tangier sound upon the ice to go to Tangier; he came 
to an air hole or strait, and jumped; fell and slided across and got to 
Tangier. In the spring he went into the American troops and served 
till peace, and he and Tommy Nelson were in the same brigade; they 
helped in this survey before they were discharged from service in the 
army. Tommy Nelson told me he volunteered in the war and served 
till peace; did not tell me how old he was at the commencement of 



176 

the revolution; he must have been full grown; they both told me 
they were soldiers in the service, and were employed in surveying the 
line I have spoken of, before they were discharged, after peace was 
proclaimed in 1783; I can't say whether or not they stated that they 
carried the chain all the way to Pitt's creek; they stated that they 
carried it across Smith's island, and did not tell me that either of them 
was discharged from the survey before they got to Pitt's creek; I take 
it that they did go to Pitt's creek. When I was employed with Blunt 
he was engaged in putting out buoys; he said the line he ran was the 
boundary between Maryland and Virginia; I can't say positively, but 
I think that Job Parks and Tommy Nelson had told me of this line 
before I was with Blunt; I have no education and can neither read or 
write. I know where Queen's ridge is on Tangier island; I know of 
no other place by that name; Piney island is northeast of Queen's 
ridge; I know Rich hammock, which lies north of Piney island; old 
Hern island is a little south of east from the mouth of Shanks' creek 
on Smith's island. [Here Mr. Wise read a copy of a commonwealth's 
grant, signed by Beverly Randolph, governor of the commonwealth of 
Virginia, granting to Richard Evans forty-seven acres of land, lying 
in the county of Accomack, Virginia, twenty-seven (27) acres thereof 
called Queen's ridge, described by courses and distances; also five 
acres thereof called Piney island, described by courses and distances; 
also seven acres, another part thereof, called Rich hammock, described 
by courses and distances; also eight acres, the residue thereof, called 
Old Hern island, and described by courses and distances — sealed with 
the lesser seal of the said commonwealth on the 31st day of October, 
A. D. 1791, and of the commonwealth the sixteenth, and certified by 
William P. M. Kellam, register of the land office of Virginia; which 
copy is herewith filed as a part of this deposition, marked X X.] 

his 
JAMES T. Xj EVANS. 
mark. 



Mr. David Tyler was next called and sworn and examined. 

I am 53 years old 29th April. 1872, born in 1819; I reside now on 
the north end of this Smith's island, not far, a mile say, from Fog's 
point; I was born and raised on the land where Thomas Tyler, my 
father, lived, and resided there until I was 29 years of age; my father 



177 

was the brother of Wm. Tyler, and they were the sons of David who 
was the son of Thomas Tyler, who was the son of John Tyler, the 
first of whom I know anything, who came from England, and where 
he settled, I don't know, but presume he settled on this island; Da- 
vid Tyler died, I think, when I was four years old; my father died in 
1864, and Wm. Tyler died in 1868; they thought there was a lin^ 
across the lower part of this island; they lived on the piece of land 
where their father and old Butler Tyler, their uncle, lived; Butler 
owned all the lands, I am told, at Drum and Black Walnut points; 
he was the oldest male heir under the English law; and becoming in- 
firm he sold the whole of his land to his brother David; David had 
7 children — Thomas, John, Nelly, and Severn, William, Zipporah, 
and Ann — naming them as their ages ran; Ben. Bradshaw, William 
Evans, of James, Wm. S. Bradshaw, Stuart H. Evans, are all who 
are living at Drum point, and Thos. Bradshaw, John Wesley Mar- 
shall, Peter J. Marshall, Ben. Marsh, and John H. Bradshaw live at 
Black AValnut point; the home of Butler Tyler, who owned all of the 
land, was on Black Walnut point; I have heard my father, Thomas 
Tyler, say that the line run west from this piece of rock above Horse 
hammock more than a half a mile across the island; I have seen that 
rock two or three times; it is out of the pass way a little; I have 
known that rock to be there 20 years, I know; it was never moved 
within my knowledge since I first saw it; I heard them talk about it 
and went and saw it; the old man, William Tyler, said that he was 
whipped there when a small boy to make him remember it was a boun- 
dary between the two states, I think, but not sure; it was, I under- 
stood from them both, that it was a portion of the Pitchcraft patent, 
and also a bounder of this land. 

Examined by Mr. Jones. 

• 

The same stone has been taken and held as the beginning boundary 
of this tract of land called Horse hammock; John Tyler, my uncle, 
lived here; he died in 1834; Peter Evans bought it under a mortga^-e 
deed from John Tyler to Wm. Tyler; I was a small boy and know 
but little of business matters at that time; I cannot say when that 
stone was first called a bounder of this place called Horse hammock; 
my father lived here more than 54 years ago; he removed from here 
about 1818, I think, and as I have heard, and he always held the 
stone as the beginning of this land called Horse hammock. I wrote 
23 



178 

one deed from Peter Evans and \yife to John W. Marsh, recorded at 
Princess Ann, Maryland, in 1857, and the other was from John W. 
Evans and his wife to his father, Johnson Evans, in the year 1872, 
recorded I don't know where. I never examined any other deeds for 
this land. When William Tyler gave Peter Evans the deed there was- 
♦ight smart dispute about where it ought to be recorded; Evans wanted 
it recorded in both states; Tyler told him that was unnecessary, and 
it was recorded in Princess Ann; and Evans got a copy and carried 
it to Drummondtown, the courthouse of Accomack, and had it re- 
corded there. I have no knowledge of where any deeds for this place 
called Horse hammock, prior to this deed, were recorded. John Ty- 
ler was a justice of the peace for the state of Maryland before 1830,, 
when he lived here. I never heard either my father or uncle William 
say that this house, called Horse hammock, was in Maryland, buti 
acted as if it was. My father thought it was in Virginia, and I heard 
a strong argument between him and James Hoffman about where the 
line was; Hoffman insisting that all Smith's island was in Maryland 
down nearly to Old Hern island, and my father contended a part of 
Smith's island was in Virginia. My father thought that boundar}^ 
stone I have named, north of this house, was on the line between the 
two states. My uncle William thought that the deed to Peter Evans 
was sufficient to be recorded in Maryland, and refused to give another 
deed, and Evans had the copy recorded in Virginia. I never put the 
quantity of the land, by naming the numberof acres, in the deed I 
wrote. The persons residing in this house, within my recollection, I 
have known to vote ia Maryland, and they send their children to the 
free schools of Somerset county. Four years ago a public road was 
laid out from this curtilage to the church on this island as a county 
road of Somerset county, Maryland, built at the expense of that 
county, costing about $1,300. I have no knowledge of the manner 
and cause of appointing my uncle, Jokn Tyler, a justice of the peace 
of Maryland. There had to be two justices of the peace on the island 
to certify deeds, and I believe my uncle and Solomon Evans were ap- 
pointed at the same time. Solomon Evans lived at the very north 
part of Smith's island. I never knew justices to be appointed on this 
island before. James Hoffman was elected a justice of the peace for 
Maryland in 1853, and served two years. He lived where John Tyler 
now lives, on Hog neck, and there is a piece of land south of where 
John Tyler lives, conveyed by Hoffman or his son to William D. 



■ 179 

•Bradshaw, I think; I wrote the deed and took the acknowledgnientj 
but I don't know where it was recorded. 

[Here Mr. Jones produced a copy of a deed, dated 11th day of May, 
1872, from John W. Evans and Polly his wife, to Johnson Evans, de- 
scribing the lands as situated in Somerset county, written by the wit- 
ness, as an exhibit.] 

The witness then added that the stone mentioned in this affidavit 
is the same mentioned in this deed. 

DAVID TYLER. 



Mr. Severn Bradshaw was next called, sworn and examined'. 

I am in my 63rd year of age, residing on Smith's island, at the 
thoroughfare called Mister's thoroughfare, and state that I heard my 
father, Jacob Bradshaw, who was in his 63d year when he died, say 
that he had always heard that when the old line between Virginia and 
Maryland was run, the persons who run -it shaped their course across 
the Chesapeake bay for a gum tree, which was standing then about 
125 yards south of my house, where I now live on the Orchard ridge; 
I don't think it has been exceeding 25 years, if that, since that tree 
died; I had children then, when it died, pretty well grown; it was a 
large whi^^e gum, 21 feet in diameter, I think, though I never meas- 
ured it; and it was a very high tree and bushed off with two prongs 
to it and covered a half acre by its top when in leaf, and died, I think, 
of old age; the body was hollow; the stump is mostly gone, but some 
of it isjaow to be seen above the ground, but the roots are there and 
you can see the bigness of the tree; the line it was said ran so near 
the thoroughfare that they came through the thoroughfare and theri 
came down it and took that tree as the mark which they thought near 
enough; I have heard of a stone in the thoroughfare, I can't say how 
long ago, but a good while ago, but never saw it until last year; it 
lays about ten or twelve yards, I suppose, from the shore, in two 
pieces five or six feet apart, and about 100 yards to the south of Bea- 
ver Hammock point; from what I have heard from the old people on 
this island, and from the size of the stone, I believe positively that it 
was put there for a boundary mark between the two states of Mary- 
land and Virginia. When Old King Nelson, who died about 20 years 
ago, once came over to this island from Annamessex, he was at Ben. 
Evans's house at north end, he conversed about the line of Virginia 



180 

and Maryland, and suid that, in his opinion, that Mister's thorough- 
fare was the line, and that the church stood, he thought, in Virginia; 
lie did not speak of the white gum, nor did he say what was the course 
from the thoroughfare; he told me the same summer, of the year he 
died, maybe the year before, that he thought his age was about 100 
years; his reputed ffither was Backer Nelson; I have heard my father 
say so; he and his descendants lived ever since I could remember on 
Jenkins's creek at Little Annamessex; Hainey Bradshaw and Henry 
Dies know of that stone; I was the rise of 40 years old when I heard 
King Nelson say what I have stated; when I first heard of the gum 
tree being the line from my father I suppose I was ten or twelve years 
of age; my father died in 1843, 29 years ago; David Tyler when own- 
ing Horse hammock sent down to Tangier island to bring up Thomas 
Crockett to ascertain where the Virginia line was, and when he came 
Thomas Tyler and Littleton Bradshaw went with Thomas Crockett 
and David Tyler to where the stone is now three-quarters of a mile 
n»rth of Horse hammock, which has been removed and replaced by 
these commissioners, and Thomas Crockett said that he was willing 
to make oath to the best of his knowledge, that he stood within ten 
feet of the line of the state; there was no stone there then, and then 
David Tyler afterwards had the stone put where Thomas Crockett 
said the line was; I was at the court of Princess Ann, where two 
vessels, one nained Amelia Ann and the other the Edenton, one be- 
longing to John Marshall, and the other one to Tubman Evans, were 
iried for dredging in the Maryland waters, and I heard Thomas Tyler 
testify in court on the trial of those two vessels, and he said that his 
father at one time in that day owned Horse hammock, and he'wanted 
to know where his bounds were, and he sent for Thomas Crockett as 
I have described; the trial of these two vessels were some 4 or 5 years 
before the trial of the Fashion, and they were condemned, but I don't 
know where they were charged with dredging at; I believe the large 
stone in the thoroughfare was put there, from what I have heard and 
from the size of the stone to mark the boundary line between Mary- 
land and Virginia; I have heard of another stone on the east side of 
ihis island, at about 100 yards this side of the Barn point, but I have 
never seen it; I think the west side of this island has not washed more 
than 70 or 80 yards since the war of 1812. 



181 



Examined by Mr. Jones. 

I have heard of several lines between Maryland and Virginia across 
Smith's island, but have known of but two; those two which 1 have 
described were the only ones on which I have seen stone boundaries; 
the distance north and south between the two stones, the one in the 
thoroughfare and the other described by me; I don't think more than 
II miles; I don't mean that distance from stone to stone, but the dis- 
tance from the line of latitude of the one to that of the other is about 
IJ miles, I think, without having measured; I never heard Tommy 
Nelson at any time say that he had ever been on a survey at any time 
on Smith's island. 

SEVERN BRADSSAW. 



CRISFIELD, May the 30th, A. D., 1872, 

The commissioners, pursuant to adjournment of their meeting at 
the house of Johnson Evans, at Horse hammock, on yesterday, Wed- 
nesday, the 29th inst., met this day at the telegraph and railroad office 
in Crisfield, at 10 o'clock, A. M., and proceeded to take the deposi- 
tions, as follows : 

Present — Thomas K. Wheelton, justice of the peace for the state 
of Maryland, and county of Somerset: and Hon. I. D. Jones and 
William J. Aydelotte, on the part of Maryland; and Hon. D. C. De- 
Jarnette, Col. William Watts and Henry A. Wise, on the part of 
Virginia, commissioners. 

Captain William Sterling was first called, sworn and examined. 

I was 61 years of age the 30th day of November last; I was born 
at the old Sterling place in Little Annamessex, and have lived there 
and near there ever since; I own land on the westward side of Ape's 
Hole creek, and on the east side of the road leading from Crisfield, or 
from the Asbury Church to the Hole, down to the Hole; I am the 
son of John Sterling, and his father was named Travis Sterling, and 
his father was named John Sterling, I think, but am not positiv^e; I 
recollect my grandfather Travis very well, having lived with him until 



182 

he died; lie was S5 when he died, and has been dead 45 years, I was 
about 16 years of age when he died; he said he had always lived in 
Little Annamessex; I have heard him speak often about the condition 
of the islands from Cedar straits to Watts' island, especially of the 
middle marshes; he said that they were once an island, and also the 
middle ground was an island; neither was an island in my recollec- 
tion, both being washed away before my memory; I don't recollect 
anything he said about the other islands of the Fox island group, but 
I know myself that they have washed away a good deal in my remem- 
brance; Cedar straits have not widened much, if any, in my recollec- 
tion, as there' is but little tide through them; the Fox islands have 
washed away some good deal, I can't say how much, on the western 
side, and remain about the sameon the eastern side; I have been fa- 
miliar with the waters on the coast' of Foxs' islands, and between 
them and Watts' island, from my early boyhood; all on the western 
side of" Foxs' islands there are numerous stumps, I can't say how 
large, and on the middle marsh bar, between Fox and Watts' creeks, 
I have often fished and found large stumps; the shoals in three, and 
four and five feet water, have stumps, but there are none in the chan- 
nels, which in some places in the north end is fifteen feet water; I 
think it is all of that, but never measured, and in the middle channel 
there is not so much depth of water, but it is ten or twelve feet 
through; I know that Watts' island is a great deal smaller on the 
eastern side, being exposed to the northeast wind; I think on that 
side next the house, it must have washed away in my recollection fifty 
yards; there is no washing on the north end of Fox islands; there is 
a little island on the north end of Watts' island, which has been there 
ever since I could remember, and may have washed a little, but not 
much, if any; I never took much notice of the south end of the Fox 
islands; the south end of Big Watts' island has washed considerably; 
there is a thoroughfare between Big and Little Watts' islands which, 
I think, makes that wash, as there is considerable tide there; old Ro- 
bert Parker married my grandfather's sister, sister of 'Travis Sterling, 
and was my great aunt; I was there about three years ago. 

Examined by Mr. Wise. 

I did not see the line run some years ago by Lieut. Michler, now 
Genl. Michler, but am informed and believe that it passed the house 
of a colored man named Severn Sterling, from one quarter to half a 
mile north of my store. 



183 



Examined by Mr. Aydelotte. 

• 

I have never seen any boundary marks of the line between the two 
states, west of the Pocomoke river^ to the Tangier, and I have never 
heard of any. 

Examined by Mr. Wise. 

I never searched for any such marks, and I don't know of any per- 
son who ever did, and I know of no tradition of any line or marks of 
a line run from Tangier sound across the land and Pocomoke river; I 
don't recollect of ever hearing of a line run by Scarburgh and Calvert 
across the land from Oceanike sound to Pocomoke river; and I don't 
recollect of conversing with Mr. Wise, here present, in the fall of 
1871, about the line run by Scarborough and Calvert, but I did con- 
verse with him then about the line run by Michler; I never heard of 
any line run by the two states north of Cec^ar straits, but all that I 
ever heard from the old people was of a line through Cedar straits, 
and I don't know what course it was said to have run from the straits; 
I do know Pitts' creek, and have been past it, and I have always been 
told that it was in Virginia, but whether it is or not I don't know; I 
never landed at Pitts' creek, but it is on the left bank of the Poco- 
moke river; I think that Pitts' creek is northeast from Cedar straits. 

Ee-examined by Mr. Jones. 

When I first knew Cherrystone creek, in the county of Northamp- 
ton, the eastward bar at the mouth was all fast land, and now it is 
all washed away, except an island below the woods. 

WILLIAM STERLING. 



Mr. Michael Somers was next called, sworn and examined. 

I was 60 years old the 24th of this month. I was born in Little 
Annamessex, on a tract called Cherry Hinton, and have resided there 
until some ten years ago, and then moved eastward near Ape's Hole 
creek, on a tract of land called "Frustration." Cherry Hinton, nearly 
all of which I own, extends westward as far as the patent in your 
hand will show, and the copy of the patent certified by the register 



184 

of theland office of Maryland, exhibited herewith, dated the 20th 
day of April, 1682, for a part of a warrant to Colonel William Stev- 
ens, of Somerset county, in the province of Maryland, for 10,000 
acres of land, dated the first day of March, 1680, describing the land 
called Cherrystone as lying between Annamessex river and Pocomoke 
bay, for 150 acres — a copy of which is hereto annexed. There also, a 
a like copy of the land called Frustration, for 40 acres, assigned to 
Francis Martin by William Whillington, out of a warrant for 2,700 
acres to said Whillington, warrant dated 20th October, 1694, and the 
patent dated 10th March, 1695, describing a neck of land lying be- 
tween Pocomoke bay and Annamessex river, and near to Watkins' 
point, as shown by the copy of the copy hereto annexed. Frustration 
extends to Ape's Hole creek. I have never run or seen run the lines 
of Frustration, but I have always heard that it ran to Ape's Hole 
creek, and not to the bay of Pocomoke. The course from my house 
to Pocomoke bay is southeast and east; I think that an east line from 
my house would strike SjJ^es' island; I live half of a mile southward 
of Lawson Shell's, where stand's a wind-mill, and Lawson Stone's 
house stands on the broad water of Apes' Hole creek. The owners of 
the lands west of Cherry Hinton are, first, Mrs. Cullen, who lives on 
a place called Sterling's Goodluck; it belonged to my father; and 
there are Hamilton Moor's heirs, Mrs, Mason, a widow, and William 
Tyler, and that is about all, except the old Tyler family, the heirs of 
Littleton Tyler, west and southwest. They live, I think, on a tract 
called Price's Vineyard, but .of that I am not certain. East of Cherry 
Hinton is a marsh where nobody lives; I own a part of it; Francis 
Sterling owned a part of it; it was called Cedar hammock, and be- 
longs, I suppose, to his heirs; I own Oak hammock, a part of it, also 
Lapland, a part of that marsh. That marsh extends down to Poco- 
moke bay; the other lands don't extend to Pocomoke bay; it is all 
marsh on the Pocomoke bay. There is a tract of laud called Watkins' 
point, northeast from where I live, and on the east side of Apes' Hole 
creek, which *[ have understood was formerly called Johnson's creek. 
I don't know the names of other lands further east on Pocomoke bay. 
I have never heard any tradition of any line having been actually run 
by any surveyor across the lower part of Somerset county, between 
Tangier sound and the right bank of Pocomoke river, before that run 
by Lieutenant Michler a few years ago, say in 1859. That line struck 
my house on Janes' island, and that house stood on a sand beach, al- 
ways called Old Island Beach, now known as Riggin's island. The 



185 

lighthouse uow stands on the end of the sand bar which makes out 
from that sand beach, immediately on the north point of the mouth 
of Little Annamessex river. 

Examined by Mr. Wise. 

I have heard of a line between the statesof Maryland and Virginia 
which ran through Watkins' point, but whether the tract of land 
which is mentioned in the patent before referred to, called Watkinses 
jjoint, is the point through which the state divisional line passes or 
not I do not know; I have heard of a line which called for Watkins' 
point; I don't know on which sound Pocomoke or Tangier sound it 
was located, but certainly it was the general opinion with us that it 
was the point on Pocomoke sound; I had heard of no other Watkins' 
point; that is all the reason that I had for believing that was the 
point called for by the divisional line; I never knew any mark to be 
placed on that tract of laud called Watkinses point on the Pocomoke 
sound as and for a divisional line between the two states, and I have 
never heard any tradition of a mark or survey being made on that 
tract of laod for such a line, except as I have stated that I had heard 
of a state line that was run or was to have been run forward from 
Watkins' point; I don't know what the size of that tract is, but the 
patent exhibited will show; Abraham Somers was my father; his father 
was named Benjamin, and further back I don't know; the name some- 
times was spelled Sibinmei^s ; I spell my name Somers; Horsey Somers, 
of Accomack county, Virginia, was own cousin to my father. 

MICHAEL SOMERS. 



Mr. Hance Lawson was next called, sworn and examined. 

Examined by Mr. Jones. 

I was 47 years of age the 31st day of last Octobor; was born on a 
tract of land called Hill's Folly, between Little Annamessex river and 
Pocomoke bay; I now reside at the same place within 200 yards of 
where I was born; I own part of a tract called Bay Bush Hall, and 
part of a tract called "Agreement;" Agreement joins Hills Folly on 
the northeast, and Bay Bush adjoins the same on the south; some of 
Littleton Tyler's heirs, and heirs of Hamilton Moore, and David Bird, 
• 24 



186 

and Thomas Bird, and widow Mason and lots of others live on Bay 
Bush Hallj and not on Price's vineyard as Mr, Somers supposed, 

[Here Mr. Jones exhibited a certificate from the land office of Mary- 
land signed by George G. Brewer, register of the land office of the • 
United States, for a tract of laud called Hill's Folly surveyed for 
John Hill, the ISth day of August, 1672, and patented to him the 
24th day of June, 1673, a copy of which is hereto annexed as an ex- 
hibit. It calls for 150 acres on Back creek near the mouth of Little 
Annamessex river.] 

Mr. Lawson continued, and said : 

This creek was called in the patent Back creek, and now is called 
Jenkins' creek, [Mr. Jones then presented a copy of a patent for a 
place called Bay Bush Hall, containing 100 acres, dated 6th of April, 
1682, warrant for 10,000 acres, as already stated, and herewith exhi- 
bited.] Mr. Lawson stated that this patent was for the Bay Bush, 
already mentioned by him. [Mr. Jones then presented a certificate of 
a survey, dated 1st June, 1683, and patented 1st day of June, 1685, 
for a place called Mickle Meadow, 300 acres, a copy of which is here- 
with exhibited.] Mr, Lawson states : I know of a Mickle Meadow, 
which I believe to be that of this patent, adjoining on the south side 
of Bay Bush Hall, and is south side of the mouth of Back creek, now 
called Jenkins' creek. The Cedar straits have been washed away con- 
siderably iii my recollection, on both sides; I mean the straits have 
widened, say, as near as I can recollect, fifty yards, more or less; the 
Little and Big thoroughfares between Fox's islands and Watts' island, 
have widened considerably in my memory; I hav'nt been there for over 
two 3'ears; the Little has widened less than the Great thoroughfare; 
after passing Cedar i.sland marsh, we come to Cedar straits, then to a 
point of marsh which is now an ieland, that was formerly attached to 
Big Fox's island; then to Big Fox's island; then to the Little thorough- 
fare; then to an island which was called, I think. Little Fox island; 
then to the Great thoroughfare; then to an island of marsh, the name 
of which I don't know^, it may have been Little Fox's island, I don't 
know; then the marsh continues, so that I cannot describe the islands 
of marsh, and the little thoroughfares, I don't know how far; but 
from the last island of marsh to Watts' island, is a considerable sheet 
of water, two miles wide, more or less, in which sheet I do not know 
whether there is an island or not, but do not think there is an island. 



1.87 

and in this sheet of water is the middle channel, and the north chan- 
nel, from Tangier to Pocomoke sound; I know that the thoroughfares 
from Cedar straits to Watts' island, have, been gradually widening 
since my mfmory; I was generally acquainted with the old people 
who lived in this neighborhood, and have died since my memory; I 
knew King Nelson, and he resided not more than a quarter of a mile 
from where I now live, on the north side of Back or Jenkins' creek: 
1 think his reported age, when he died, was from 90 to 100 years, but 
he did not know his own age, but he was a very old man; I think he 
died 15 to 20 years ago, and he was the son of Zachariah or Sacker 
Nelson; he was always esteemed highly, as a sober, truthful and cor- 
rect man; I heard him say that his father was on Fox's island during 
the revolutionary war; his father lived there, so he said; he told me 
that he lived on Fox's island in time of the war; I never heard of his 
being a revolutionary soldier; I never heard from him, or any one, 
that he was or was not a revolutionary soldier; I know James T. 
Evans, an old man who stutters, on Smith's island; 1 think he once 
lived on old Janes' island, some 12 or 15 years ago; I know his general 
reputation fc)n Smith's island and elsewhere, and in. this neighborhood, 
for truth and veracity, and I don't think it is more than No. 1, and I 
don't think he stands very high for truth and veracity, he don't, at all 
events, with me, and not generally for truth and veracity; it is bad on 
Smith's island, where he lived; never heard any tradition of any line 
having been run by any surveyor across the lower part of Somerset 
county, between Tangier sound and the right bank of Pocomoke, be- 
fore that of Lieutenant Michler a few years ago. 

Examined by Mr. Wise. 

I never heard of the character of James T. Evans being impeached 
in any court of justice. I never knew any person but myself to im- 
peach his character for tiuth and veracity, on oath, and I did not 
know that I would be asked the question under oath. I have heard 
a great many, not under oath, say that he would tell untruths. I have 
heard David Tyler, on Smith's island, say so; I have heard Hainey 
Bradshaw say so: I don't remember hearing the names of any other 
person I have heard say so, but have heard it generally reported by a 
great many; I mean by great many, several persons, I don't know 
how many; I don't know that I can name any others besides David 
Tyler and Hainey Bradshaw; I have never known him to be a witness 



188 

in court, and never. heard him testify in court. In a case where he is 
not swayed by interest I would believe him under oath. I don't know 
that the man would swear to a lie anyhow, interest or no interest, but 
I have heard a number say that he would tell yarns. I don't know 
that I ever heard any one say that he ever told a malicious or mis- 
chievous lie; but by yarns, I mean that I have heard he would tell 
untruths. I have never heard the tradition of a line run by Philip 
Calvert, of Maryland, and Edmund Scarborough, surveyor general of 
Virginia, across the land from Watkins' or any point on Janes' island, 
strait and east line, across Pocomoke river. I never heard that they 
had run any line on the Eastern shdre, between Maryland and Virgi- 
nia; I have heard only of the Michler line; I have no knowledge or 
information of any marks of boundary line between the two states 
from Tangier sound across Pocomoke river; I have heard rumors of 
marks of a line on Smith's island; have heard more about it since 
this thing came up than ever before; I have paid no attention to a 
boundary line, to search for one; for I believed there had been no line 
established between the two states. I never heard of any marks of a 
line from the old people on Smith's island; I have heard that John 
Marshall, who lives on Shanks' island, was in Virginia, and paid hfs 
taxes in Virginia. I never searched for any marks of state boundary 

anywhere. 

HANCE LAWSON. 



Mr. William Nelson was next called, sworn and examined. 

I was 64 the 23d day of last February; I was born just below here 
on Jenkins' creek; I am the son of Thomas Nelson, usually called 
King Tommy Nelson; he died about 16 years ago; I don't know his 
age; he did not know it, but said he was from 90 to 100 years of age; 
heard him say that he was born on Fox's island; his father's name 
was Sacknr Nelson; my father said he lived with his father, Sacker, 
on Fox's island; I don't know what time. In the revolutionary war they 
remained there until they got their house burned down by the British; 
he said that he and his father had to escape from the British by run- 
ning into the bushes, or marshes. After that they moved to the main 
north of Cedar straits. He first moved to a place called Matthews' 
creek, and after, he moved to the hammock down here, where Billy 
Lawson lived, on Jenkins' creek; he remained there until he bought 
a little lot up higher on Jenkins' creek; my father said that he was a 



• 189 

stout boy and merely fit to go into the army, and therefore had to 
skulk about to keep from being impressed by the British. I never 
heard him say that he was a soldier on either side in the revolutionary 
war, but on the contrary he said he was not in the army. I have 
heard his father say that he heard his father, Sacker Nelson, say that 
he had seen the time when he could take a twelve foot fence rail and 
walk all the way from the main land across Cedar straits to Watt's 
island. I never heard my father say anything about being on a sur- 
vey of any line on Smith's island; never heard my father say anything 
about a state line on Smith's island; have never heard of any tradition 
from* anybody of any line having been run by any surveyor across the 
lower part of Somerset county between Tangier sound and the right 
bank of Pocomoke river before Michler's survey. I am not much ac- 
quainted with James T. Evans, on Smith's island, knew him when he 
lived on Jane's island, but saw him very seldom, and heard nothing 
of his general character. 

Examined by Mr, Wise. 

I never heard of any line being run from Tangier sound across Som- 
erset county and Pocomoke river, by any one, surveyor or not, until 
Michler's survey. I was with him two days, from here to Jane's is- 
land to Benny Thomas' house, right back of it, say 100 yards where 
the post put up by the coast survey was. I started with him, Mich- 
ler, to go over to Smith's island, but a storm prevented and he did 
his work on Jane's island. I am told the line came out here at James 
Tawes' house, a little north of it. That line was run before the Cris- 
field or Eastern shore railroad was constructed. I don't know whether 
that line touches the end of the railroad wharf or not, as I never 
sighted it. I never heard my father say anything about a state line 
on Big Fox island running near a tree on that island; my father never 
showed to me any tree, a gum or other tree, on Smith's island as a 
boundary line tree between Virginia and Maryland, and I never heard 
him speak of such a tree; have never heard of any state boundary 
marks on Smith's island. I was not mistaken in hearing my father 
speak of Watt's island for Fox island when he said that his father 
told him he had seen the time when with a 12 foot fence log he could 
walk all the way from the main at Cedar straits to Watt's island. I 
suppose it is now five or six miles from Fox's island to Watt's island. 
I suppose it has been that distance ever since I could remember, only 



190 ■ 

excepting the washing away. I think it has washed away about 200 
yards at the south end of Fox islands; I don't know how much it has 
washed away on the north end of Watt's island; I was never there 
but twice in my life, and know nothing about it; have heard my flither 
say that the washing away on the west side of Fox's island was very 
considerable; in going with him in a canoe opposite where the house 
was he showed me the place in the water where his father's well had 
been, and then it was 150 yards or more from the shore. My father 
had no education, and I have a little; John Nelson was the son of 
King Nelson, and about 77 years of age when he died about 5 years 
ago. 

WILLIAM NELSON. 



Mr. Thomas W. Dougherty was next called, sworn and examined. 

I was 54 years of age the 22d day of last December; I was born 
about 21 miles from this place, and resided in this neighborhood ever 
since I was born; I think Janes', and Cedar island, south of Janes', 
which two islands form the mouth of Little Annamessex, have washed 
away all along the sound shore, 200 yards in my remembrance; have 
heard of no line run by anybody across the lower part of Somerset 
county, between Tangier sound and Pocomoke, except the line run by 
Michler; I have known James T. Evans on Smith's island; he is a 
cousin of mine. 

Examined by Mr. Wise. 

The southw^estern point of Janes' island is the North point of the 
mouth of Little Annamessex river; that point has washed away a 
good deal; I have heard Nathaniel D. Dougherty say that there was 
a jieach orchard on the old Janes' island, and as good a well of water 
as was in Annamessex. This whole neck of land, consisting of seve- 
ral parts, including Janes' island, was called Annamessex — say from 
Kingston down to Cedar straits or Pocomoke sound. The channel of 
Little Annamessex has not changed in my remembrance. I followed 
the water for 30 years up to the last 3 years. 

THOMAS W. DOUGHERTY. 



191 



HORSE HAMMOCK, SMITH'S ISLAND, 

May 31st, A. D. 1872. 

The commissioners met at this place this day, pursuant to adjourn- 
ment on yesterday at Crisfield. 

Present: Thomas K. Whealton, justice of the peace for the state 
of Maryland, and Hon. I, D. Jones and William J, Aydelotte, com- 
missioners on the part of Maryland, and Hon. D. 0. DeJarnette, Col. 
William Watts and Henry A. Wise, commissioners on the part of 
Virginia, and proceeded to take further testimony. 

Francis Evans was first called, sworn and examined. 

Examined by Mr. Wise. 

I am 64, and in my 65 years of age; I was born on Smith's island, 
on Rogues point, which lies about a half mile below or south of the 
thoroughfare called Mister's thoroughfare, towards the north end of 
the island. My father was -John, and grandfather Francis Evans; 
they both lived at the same place; I have heard some say the line be- 
tween Maryland and Virginia was on the north part, above Horse 
hammock, the Great island, about a mile from this house, and 
others said it was below Horse hammock. I have been shown a bio- 

O 

stone, last winter, by James T. Evans, at Beaver hammock; I was 
shown a gum tree, by Severn Bradshaw, when we were boys, at Cow 
hammock, which he said he was told was a line tree between the two 
states; the tree stood sometime after that, I don't know long, but I think 
I could go very near where it stood, as I had seen it often ; I never examined 
it particularly for any marks; I can't say how old I was when I first saw 
it, but I can state how Severn Bradshaw came to show it to me : We 
were about the same year's children, or the same age, and we were on 
what is called Cow hammock or Cow ridge, or Orchard ridge; it was 
called by all three names; the gum was on Cow ridge, now owned by 
Sevei^n Bradshaw; the reason we were there together was that we were 
fond of bird-egging, and were at the time; there were a good many 
trees on it then, and there are some around the hammock now; it is 
cultivated now by Severn Bradshaw; I can't say how long the tree 
has been down; it was located rather at the lower end, but pretty 
much in the middle of the hammock; Severn Bradshaw did not tell 
me how be knew it; I have heard other people talk of it as the line; 



192 

I have also heard of, and seen, a slab-like stone, a large stone, in the 
water, about 15 or 20 yards more from the edge of the marsh on 
Beaver hammock, in Mister's thoroughfare, on the north side of the 
thoroughfare, easterly from Frog island, which is the one shown me 
by James T. Evans; I never was shown, or heard of any tree or 
stump or stone or other mark of a state boundary line on the lower 
end of Smith's island, south of Horse hammock, but I have seen Gum 
island, where it was said the gum, whether a tree or island was the 
name I don't know; it was the place of John Parks' residence; I 
never saw any mark there; it is the place where John Tyler now lives; 
I don't know whether that place lies north or south of this place; I 
have heard there is a stone at Barn point from those who live there; 
this I heard for the first time last winter. 

Examined by Mr. Jones. 

Severn Bradshaw told me that the gum on Cow island was a mark 
of the line between ]\Tarylaud and Virginia, not that it was a line run 
betwten man and man; Severn Bradshaw is here present, and says he 
don't doubt my statement, but don't recollect the time, nor do I, but 
it was more than 40 years ago. 

his 
FRANCIS X EVANS. 
mark. 



Mr. Severn Bradshaw desired to be re-examined, in order to state 
matters which he forgot and omitted to state when first examined. 
He said : 

There were two large gum trees, and the only two large gum trees 
on the island at the time, the one stood on the Orchard hammock, 
where I live, as described by me the other day, the other on Sassafras 
hammock, where Tubman Evans lives; I recollect both trees well; the 
tree where I live showed more visibly on the Chesapeake bay side,,and 
the other, on Sassafras ridge, showed more visibly on the Tangier 
sound; we, on the npper part of Smith's island, thought the tree 
where I live was the state boundary mark, and the people on Little 
Annamessex thought that the tree on Sassafras hammock was the 
mark of the state boundary line; the one at my house was marked 
with several notches on the south side, of this I am positive; whether 



193 

the one on Sassafras was marked or not I don't know; I don't recol- 
lect whether there were any notches on the north side of the tree at 
my house; Sassafras is northwest of Horse hammock a considerable 
distance, and I can show it to yon, it went by the name of Tyler's 
gum; both trees are now gone. I omitted to state fully, being hur- 
ried, all that I now recollect about what Tommy Tyler said on the 
trials of the vessels Amelia Ann and Edenton. In addition to what 
I have already said, he stated: that the line between the states of Ma- 
ryland and Virginia, his uncle, Butler Tyler, told him was run twice 
in his recollection; that he was said to be 100 years old when he died, 
and he has been dead at least 45 years; I have seen him, was nearly 
grown when he died, and was at his funeral; Tommy Tyler said that 
Butler Tyler had told him that at one time the line run through his 
yard, at Black Walnut point, and at another time it ran a little be- 
low Dunn point on Tyler's creek, making a difference between the two 
lines of about 300 yards; this is all I have to add; I do believe that 
one or the other of these two lines has been recognized by the people 
on this island for more than a century back. 

Examined by Mr. Jones. 

My father owned where I live at Orchard ridge; he made a will and 
devised it to me, and I was the first who built a house on it; my fa- 
ther's name was Jacob Bradshaw; the gum tree stood south of my 
house about 125 yards; my father's will is recorded at Princess Ann, 
the county seat of Somerset county, Maryland, and he lived on an- 
other part of the same land, south of my house and the gum, at a 
place called the "Forked Oak," and I know where it was said to have 
stood; it is about four and a half miles northwest of this place; that 
place is open to the bay, and it is not washed away badly; the Or- 
chard and Cow ridges were once the same, I think, and are now sepa- 
rated by a small drain; the Orchard ridge is on the east side, and the 
Cow ridge is on the west, they lie together, nearly together, north and 
south, at the western mouth of the Mister's thoroughfare, which 
mouths into the bay; the Forked oak was on Cow ridge, and a round 
cedar post, marked with four notches on each side, was j)laced where 
the oak was said to have stood, to mark a private boundary; about 
three or four years ago, the cattle broke the post off by rubbing against 
it; my father always paid taxes in Somerset county, Maryland, and so 
have I; that is north of where Butler Tyler used to live, all of two 
25 



194 

miles; thirty or forty years ago, there was scarcely any talk about the 
line of the two states on this island; the taxes were small, and the 
oysters in the bay were not counted of great value, and we oystered 
in the creeks, but since dredging commenced, about 20 or 28 years 
ago, oysters have become valuable, and people began to look more 
closely after the line of the two states; I, among others, have looked 
more closely to where the line is; I used to think but very little about 
the lines of the states; my business was to get oysters when I could;, 
in Virginia or Maryland, and I was not interrupted; since that time 
I cannot do so; a man can't tell now-a-days, on this island, whether 
he is in one state or the other; my father and I, and the people up 
there, voted and acted as if in Maryland; the first election district on 
this island, was laid off, called No. 12, about 40 years ago, and before 
I was a voter, as I think; then it was held at the Old Church, where- 
I live, by Solomon Evans and John Tyler, who lived at this place,, 
and old Captain John M. White; after a few years, the district was 
abolished, and the voters had to go to Bunkly's, on the Annamessex;. 
the election district on this island was re-established in 1853, and is^ 
now district No. 7; the first and present district are of the same 
bounds, both including Horse hammock, and the proprietors and resi- 
dents of Horse hammock have been from first to last judges of elec- 
tion; I myself have been judge of election, and clerk of elections, and 
for four or five years past have been register of voters, and I have 
been a justice of the peace for Maryland for two years; the first regis- 
ters of voters on this island, for Maryland, were David Tyler, Hainey 
Bradshaw, and William Evans, of John; then John Evans, son of 
Johnson, lived here at Horse hammock; I think he was registered as- 
a voter; I was register of voters last fall, and think John Evans, re- 
siding here, was registered and voted; there have been four public 
school places of Maryland on the island; the first was north of the 
Thoroughfares, one at Kogue's point, west northwest from here, and 
one at Oak hammock run, Aleck Tyler's store, northwest of this place^ 
and there was another on North end, north of this place; there was- 
no school either at Horse hammock or south of it; generally the chil- 
dren at Horse hammock have attended the public schools of Mary- 
land; there have never been any voters registered in Maryland, south- 
of Horse hammock, and none due west of it; some at Dunn point, and 
some on Hog neck, have been registered in Maryland, none south of 
Horse hammock; and none have been registered as far south as Horse- 
hammock, except those at Horse hammock; I have considered the vo- 



195 

ters OD the upper end of Hog neck^ as far south as John Tyler's resi- 
dence, to be in Maryland. 

Re-examined by Mr. Wise. 

I do not know whether the proprietors of Horse hammock voted in 
1833, in 1835, in 1837, 1839, 1841, 1843, in Virginia for a member 
of concrress or not; I believe that all the old residents on this island 
used to think that Horse hammock at this house we are now in was 
in Virginia. I know that some have said Horse hammock was in one 
state and some in the other, but I have heard the old people say gen- 
erally that it was in Virginia. I have heard that old Uncle Solomon 
Evans had John Tyler then living here made a magistrate, about 1835* 
I have no knowledge of Horse hammock ever being claimed for Mary- 
land before that time. I am a member of the Methodist Episcopal 
church, and sometimes conduct the services at our church as an exhorter. 

SEVERN BRADSHAW. 



Benjamin Bradshaw was next called, sworn and examined. 

Examined by Mr. Wise. 

1 am about 48 years of age; I was born just above where Alick Ty- 
ler's store is; I now live on Drum point on Tyler's creek; I have found 
a stone at the mouth of a little creek near ''The Barn," a point so- 
called as I am told; the stone is in the water, about knee deep, about 
40 odd feet as measured by my canoe, from the shore; it appears to be 
in three pieces, it is joined all together, and is so in the mud that I 
cannot say whether it is one stone or not; the whole as it appears 
seems to be as big as this table, about 3 feet square; not exactly square, 
but rather diamond shaped; its color is light, but it is covered with 
mud, and I cannot say positively what its color is — the bottom is a 
sticky clay; there are stumps around it, some right big ones and some 
small ones; I can't say of what wood; when the commissioners were 
here last fall we were talking about the stones at the church, and it 
was thought best to stake them off when found. Albert Evans told 
me then where to look for it at "The Barn," but I did not search for 
it then. Day before yesterday Mr. John Tyler told me that you, Mr. 
Wise, desired to find it, and I searched for it yesterday and found it 



196 

as I have described. I can't say how far it is down in the mud; it 
was knee deep from the top of the stone, but at low water to-day will 
be nearly bare. The stone in the Mister thoroughfare, south of Troy 
island at Beaver hammock, I saw myself 25 years ago. I never was 
told, and inquired whether it was a boundary mark or not. I know 
nothing about the line of the state; have seen the Beaver hammock 
stone often since I first saw it. 

his 
BENJAMIN M BRADSHAW. 
mark. 



Mr. Stephen T. Deis was next called, sworn and examined. 

I am 29 years of age; born on Smith's island, at a place called 
North End, where Laban Evans now lives, north of this place about 
3 miles; Caleb Evans, Captain John Evans and myself were catching 
terrapins the other day, and we came across a large stone in the water 
near Cow hammock — some call it Cow ridge; I first saw it, and we 
went back to it, and we looked at it in about 2 feet water, the tide up; 
I think it is from 6 to 8 feet long, and about from 4 to 5 feet across 
it; it was full of 03'sters and moss, and we couldn't tell what sort of 
a looking stone it was; it was surely stone of some kind. It is about 
a northwest course from here, and a west course from the stone at 
Beaver hammock. It is just off Cow ridge, on the southern side of 
Mister's thoroughfare, on a hammock just north of Hog Neck, and 
separated from what is now called Hog Neck, where Captain John 
Tyler lives by a small thoroughfare, about a mile above where Cap- 
tain John Tyler lives. I have got marks for it and can go to it at 
any time; did'nt see any stumps exactly around it but some outside 
of it, I guess in 15 or 20 yards of it in the water. The stumps were 
about a medium size. We were about the stone and stumps about a 
quarter of an hour. I know nothing of the state line, have heard 
some talk about it. All of our people, the oldest, said it was some- 
where about the Mister's thoroughfare. I can't say how deep that 
stone was sunk in the thoroughfare. This stone was about due west 
from the stone at Beaver hammock. 

Examined by Mr. Aydelotte. 

I had no instrument by which to judge of the course, but I am a 
sea-faring man and have always been following the water, and can use 



197 

the compass as well as any man, and I can judge of the course. I 
judged by the mouth of the Potomac, and an east and west line cuts 
the mouth of that river and Mister's thoroughfare. That thorough- 
fare is opposite, on an east conrse to the mouth of the Potomac. The 
stone at Beaver hammock is near the southside of Mister's thorough- 
fare, and on the north side of the Big thoroughfare, at a place called 
the Bottom. I have heard of a stone at "The Barn" point, many 
years ago, ever since I was a boy, but have never seen it. "The Barn" 
from the stone I have found in Mister's thoroughfare, is about east 
though I have never sighted the course by the compass. I can see 
the mouth of the Potomac from the mouth of the thoroughfare, both 
points of the river, and I have sighted it before with the compass. I 
can write but little and prefer my name to be written. 

his 
STEPHEN T. ><i DEIS. 
mark. 



Mr. Johnson Evans was next called, sworn and examined. 

I am 58 years of age; I have been off and on living at Horse ham- 
mock about six years; I was born on Smith's island, and have been 
living thereon ever since; I bought this place, called Horse hammock, 
from John Marsh, he bought it of his father-in-law Peter Evans, 
Peter Evans bought it at auction, at a sale under a mortgage deed 
from John Tyler to Peter Evans, about 27 years ago; since I bought 
it, I paid taxes in Maryland, and my son John, who was joint owner 
with me of the place, paid his taxes in Virginia; I haVe heard, that 
about 45 years ago, taxes on the place were paid in Virginia; I have 
heard that John Tyler, when he owned it, paid in Virginia, but for 
the sake of being a magistrate in Maryland, he paid his taxes in that 
state; Peter Evans, I am told, paid his taxes in both states; Peter 
Evans now lives at Chescomessex creek, in Accomac county, Virginia; 
I have heard that Horse hammock was always considered in Virginia, 
until John, called Jacky Tyler, was appointed a justice of the peace 
in Maryland; I have heard, for many years, of a stone on the east side 
of Smith's island, about three quarters of a mile or a mile north of 
this house at Horse hammock, at which children, John L. Tyler, Wil- 
liam Tyle) and Thomas Tyler, had been taken, when young, and one 
or more of them whipped, and one or more ducked, to make them re- 



198 

member it as a boundary stone — a boundary of what I don't know, 
whether of two states or two owners of land, I don't know; I can tell 
of the stone in the Mister's thoroughfare; Captain Orney Browne, of 
the Tredegar tug, sent me a paper with a drawing of the two stones 
on it, of the one taken up by you commissioners, the other day, and 
of the Thoroughfare stone, and I was looking at the paper when Cap- 
tain Henry Dies came up, and I enquired of him whether he knew of 
any such stones, he replied that he did, and the following Monday 
morning, he, and Albert Evans and I, went to the stone in the Tho- 
roughfare, and he said when he first saw it, it was not broken — he 
went to it directly; when I saw it that day it was broken into two 
pieces — about 18 feet feet apart; I think it was broken by the ice, but 
don't know; last fall, in October, I went with Mr, Wise, Mr. Ayde- 
lotte, Captain Browne, Captain Drumraond and others, to the stone a 
mile or so above Horse hammock, and showed it to them, and they cited 
it by a compass; the same day, we went to view the stone in the 
Thoroughfare, but the water being very thick we could not find it 
then, but it was found last week in two pieces, as I have described. 
The other stone, at Cedar hammock, was taken up last week, and ex- 
amined and replaced in the spot where it was taken from; that was 
the same stone, at the same place where I saw it three years ago. 

Examined by Mr. Aydelotte. 

I have no knowledge of what the true boundary of Virginia and 
Maryland is on Smith's island; I have doubts that the stone removed 
the other day is the boundary stone between the two states, and don't 
believe it is now; I have heard my grandfather Parks say that at one 
time the state line ran between his house and kitchen, about 18 feet 
apart, at the place where John Tyler now lives in Hog neck, and that 
place is in a line with the stone which was removed the other day, but 
I was told afterwards that Tommy, called King Nelson, was on the 
island at the church at one time, and told the people then there that 
the state line ran through the Mister's thoroughfare; I supposed that 
the stone and John Tyler's house would show the line between the two 
states, but my belief now is that the stone in the Thoroughfare marks 
the line between the two states, because it is the big stone, and King 
Nelson staked the line ran through the Thoroushfare. 



199 



Examined by Mr. Jones. 

The stone we removed is the beginning bounder of the land sold by 
Marsh to me, as stated in the deed, and also in the deed from John 
W. Evans to me; I sent both the deeds to Princess Anne, in Mary- 
land, to be recorded, because I did not want to pay taxes on the land 
in both states, and I saw no prospect of when the line between the 
states would be run. 

his 
JOHNSON M EVANS. 
mark. 



Mr. John Tyler was called, sworn and examined. 

I am 43 years of age; I live in Hog Neck, at the place where old 
Mr. John Parks lived, which is north of a west line from this place. 
I have always thought since I have lived there that I lived in Virgi- 
nia; I pay taxes in both, because I am called on to pay taxes in both 
because the line as I have always heard runs through my yard; I have 
heard that from my earliest childhood; I have heard that it was in 
old times the place where runaway marriages were celebrated; the ones 
from Maryland were married in the kitchen, which was in Virginia, 
it is down now, and the ones from Virginia were married in the great 
house, that being in Maryland. None have been celebrated there in 
my day; Joshua Thomas usually married them; I know but little 
about the line; I have voted here on this island for candidates for of- 
fice in Maryland; I went to the polls and voted for Mr. Commissioner 
Waters for clerk of the circuit court of Somerset county, Maryland, 
and my name is on the register's list, but I never applied to be regis- 
tered; and I have voted at Tangier island and at Onancock, in Vir- 
ginia; in 1855 I voted for Mr. Flournoy against Mr. Commissioner 
Wise, of Virginia, for the office of governor of Virginia; I was a 
Know-Nothing then; I now take out my oyster license in Virginia; I 
saw the stone above Barn point about 15 years ago; I never heard of 
the stone at Beaver hammock until within the last few years. 

JOHN TYLER. 



200 



CRISFIELD, EASTEKN SHORE, MD., 

Monday, June 3rd, 1872. 

The commissioners met at this place this day, in pursuance of the 
adjournment on Friday last. 

Present: Thos. K. Wheelton, justice of the peace for Somerset 
county, Maryland, and the Hon. I. D. Jones and Levin L. Waters, 
Esq., commissiocers on the part of Maryland; and Col. Wm. Watts 
and Henry A. Wise, commissioners on the part of Virginia, were pre- 
sent. Absent: Mr. DeJarnette, of Virginia, and Mr. Aydelotte, of 
Maryland. They proceeded to take the following depositions, to-wit: 

Mr. Henry Dies, of Crisfield, Maryland, was first called, sworn and 
examined : 

By Mr. Wise. 

I am between 57 and 58 years of age; was born on Tangier island; 
in 1835 I moved to Smith's .island, and lived there until February 
last, except 3 years; the name of my father was Daniel Dies; he died 
about 17 years ago, aged about 70 years; my mother's maiden name 
was Esther Parks, a daughter of Toby Parks, who was my grand- 
father; he lived on Tangier island; I moved to the place on Smith's 
island called North End, southeast from the church close upon the 
thoroughfare; I knew old Mr. John Parks, a brother of Toby Parks, 
my grandfather; he was my great uncle; Mr. John Parks lived on a 
place called Hog Neck, on Smith's island; John Tyler lives there now; 
I have heard in time past from the old people on Smith's island, that 
when the people on that island desired to be married from the state of 
Maryland, that the Rev. Joshua Thomas, who was in those days a 
Methodist local preacher on that island, would meet them at that 
place, and marry the couples of Maryland in the dwelling house of 
my uncle, John Parks; and when any couples from Virginia desired 
to be married, he would meet them at the same place and marry them 
in the kitchen, that being then considered in Virginia. I do not mean 
the runaway couples but those who were regularly married according 
to the laws of their respective states; I don't recollect of ever hearing 
of any gum or other tree at that place, marked or recognized as a 
state line; the house and the kitchen were from 20 to 30 feet apart, 
more or less; Joshua Thomas was the standing, well-known clergy- 



201 

man who performed the rites of marriage ceremonies on that island; 
I have heard of his biography published in Philadelphia, and written 
by Rev. Adam Wallace; I have handled the book. About from 1835 
to 1840, I was gunning in Mister's thoroughfare and ran my skiff upon 
the top of a pretty large stone, near the edge of Beaver hammock 
marsh; I think when I first saw it it was not further from the edge of 
the marsh than 15 or 20 feet; I saw it several times afterwards, but 
never noticed it again particularly, until, I think, year before last; 
when I first saw it it was in the water, and 1 saw but one piece; and 
when I saw it in the year before last, it was in two pieces; the pieces 
were, I think, from 10 to 15 feet apart; it may have been that when 
I was first there that there were two pieces then, but I saw but one 
then, and two afterwards as I have said; the last time I saw them 
they seemed to have been broken the one from the other, for they 
looked to be of the same quality of stone. I never saw the one or 
two at lotv tide when bare. Mr. Johnson Evans, of Horse hammock, 
year before last brought to me a paper which had a written descrip- 
tion and drawings in pencil of the shapes of these two stones, and he 
inquired of me whether I knew where to find two such stones; I 
showed him where they were and found both; but that was the first time 
when I knew there were two at that place. They are about south by 
east from Troy island, about half of a mile. The only other stone 
besides these two was that 1 knew of is that lying from a half to three- 
quarters of a mile north of Horse hammock house, at Cedar hammock. 
I first knew of that last mentioned stone in 1840, I think; there was 
an old man named John L. Tyler, he said he was called on a line there, 
whether between the states, or between private individuals who claimed 
the land, I don't know; but he said he was a small boy, and he 
was too small to whip and he was ducked; he was thrown into the 
creek and thought they were going to drown him, to make him re- 
member the boundary. He was then about 40 to 50 years of age 
when I heard him say this, and has been dead all of 15 to 20 years. 
He was the father of Aleck Tyler^ and lived at Oak hammock, where 
Alexander Tyler now lives. It is near Black Walnut point, to the 
north of it jam by a wind-mill. Drum point and Black Walnut are 
pretty much alone; there is another Drum point on the northeast end 
of the Smith island. The east and west line which ran between John 
Parks's house and kitchen would pass in say 100 yards from Parks's 
ditch which is south of Tyler's ditch, and it would pass in say one- 
26 



202 

•quarter of a mile from Walnut and Drum points, in one-quarter of a 
mile south of them. 

Examined by Mr. Jones. 

The place called Pittscraft, my old uncle Laban Evans, told me 
laid south of Mister's thoroughfare down to the Maryland and Vir- 
ginia line; Cow ridge, I think, as it was then called, laid east of Le- 
vin's creek, which empties into the Thoroughfare to get into the bay, 
and its mouth is about a mile from the bay; the Cow ridge lies be- 
tween Levin's creek and the Thoroughfare, to the eastward of Levin's 
creek, and south of the Thoroughfare; it is a long ridge. 

his 
HENRY M DIES, 
mark. 



CRISFIELD, E. S., Maryland, 
June 4th, 1872. 

The joint commission met this day, at this place, pursuant to ad- 
journment on yesterday. 

Present : Hon. I. D. Jones, William J. Aydelotte, Col. William 
Watts and Henry A. Wise, Esq., and proceeded to take the following 
depositions : 

Mr. Edward Tawes, being first affirmed, was first examined. 

Examined by Mr. Jones. 

I am near 51 years of age; I was born in the lower end of Little 
Annaraessex; from Janes' creek down towards Cedar straits, and south 
of Little Annamessex river, is called Little Annamessex, to distinguish 
it from the section north, between Big and Little Annamessex, called 
Big Annamessex; I have lived in Little Annamessex neck ever since 
I was born; my first occupations were those of a mariner, and catch- 
ing, and buying and selling oysters; I ran oysters first from York river 
and Cherrystone, and afterwards from Apes' Hole creek and Little 
Annamessex river; from my earliest recollection to about six years 
ago, the people north of Pocomoke, at Apes' Hole, have always oys- 
tered north of the channel of the Focomoke sound, without being ap- 
prehended; there never was any strict attention paid to where oysters 



203 

might be caught on either side of the line between the two states, and 
no one catching oysters was apprehended or disturbed, until the dredg- 
ing laws of the two states began to be enforced; Tommy or King Nel- 
son, I have heard say that his father, Sacker Nelson, owned Fox's 
island, and he, Tommy, was born on Fox's island; he said his father 
told him the islands of Fox's island groupe, were once nearly all joined 
together, down to the southernmost point of those islands, now called 
South End; he said he told him he thought he could have taken a 
fence log and walked from Cedar straits to South End, so called; he 
also said that his father stated there was in his day a marsh island be- 
tween the south end of Fox's island and the north end of Watts' 
island; he said it was washed away; I have fished around Fox islands 
a good deal in the season of fishing; on the Tangier sound side they 
have washed away a good deal; all the islands wash most on the 
western sides; I lived near King Nelson all my days, and in about 
150 yards of him during his latter days; have heard him say, about 
the time the dredgers were first taken in Pocomoke sound, say about 
from 20 to 25 or 26 years ago, that the line between Virginia and Ma- 
ryland ran right across Fox's island, close by where old Johnny Ma- 
son's house stood, the father of Middleton Mason, who moved to 
Onancock, in Virginia; he told me that the well his father used water 
out of, off his residence on Fox's island, was then, at the time of his 
statement, about 150 yards on the west side, in the water; I have 
never heard of any tradition of a line run from Tangier sound, north 
of Cedar straits, to the west bank of Pocomoke river, nor have I 
heard of any marks of any such line across the Little Annamessex 
neck; I have heard only of the line named to me by King Nelson, 
across Fox's island. 

Examined by Mr. Wise. 

Tommy or King Nelson, told me he lived on Big Fox island; it was 
on the western side of that island where the well was, spoken of as in 
the water; and Johnny Mason, the father of Middleton Mason, lived, 
I think, about the same place on Big Fox's island; there is an island 
north of Cedar straits, and north of Big Fox's island, called Cedar 
island marsh; the ledges and muddy marsh, are to the east of Big 
Fox's island; the southern island of Fox, is called Little Fox's island; 
both Big and Little Fox islands are now cut through by the waters, 
making as many as four fslands where there were but two; the Big 



204 

thoroughfare, when I remember first, ran as it does now, between Lit- 
tle and Big Fox island; I did'nt catch oysters, but I bought them in 
Cherrystone and York river; I never heard King Nelson say that with 
a fence log he could have walked from Fox's island to Watts' island, 
or say that his father said so; have never heard of a line run over 200 
years ago across the Pocomoke, from Tangier sound to the ocean, by 
Scarborough and Calvert; I have heard of a line between Virginia 
and Maryland, on the Eastern shore, but not across Little Annamessex 
neck; I have gone up the Pocomoke river, not very often though; I 
was never shown where the line crossed the Pocomoke; I know where 
Pitts' wharf is on the Pocomoke; Sykes' island is nearly, as I see from 
the coast survey chart, now shown me by Mr. Wise, is due east from 
Cedar straits, and the north part of Sykes' island is north of Cedar 
straits, Pitts' wharf is higher up so-called Pocomoke river than Sykes' 
island, and I don't know whether that wharf is north of Cedar straits 
or not; I don't know where the Virginia and Maryland line borders on 
the Pocomoke river, but I have heard that the line is somewhere near 
where the widow of John U. Dennis, dec'd, lives; I never heard of 
the Virginia and Maryland crossing the Pocomoke river, but I have 
never heard of a line between Virginia and Maryland, which touched 
the Pocomoke river. 

Re-examined by Mr. Jones. 

I have heard of Rock Hole creek, which lies on the north side of 
Little Annamessex, and of Sandy creek, which lies on the south side 
thereof, between it and Cedar straits. [See patent to James Gray, in 
1701.] I know nothing of Persimmon hammock; I was never shown 
any state line marks on Fox's islands. 

EDWARD TAWES. 



Clement R. Sterling was next called, sworn and examined. 

Examined by Mr. Jones. 

I am either 64 or 65, born in 1807, 1st June; I think 65; born down 
the lower end of Little Annamessex, and always lived in that neck. 
I know nothing of Virginia and Maryland line myself, and only what 
I have heard folks say. I always h( ard that the line run from Horse 
hammock east to Watkins' point, across to Horntown or Chincoteague 



205 

or somewhere there, according to what the old people said. Michler 
was at my house 7 days. I went with him to Ape's Hole when he 
ran the line. Old man King Nelson I never heard say anything about 
the line; but have heard him talk about Fox's islands, and how far 
he could go with a fence log. I have heard him say that he could 
come all the way from Watt's island to Annamessex with a fence log, 
and jump across it. I heard him say there was a peach orchard on 
Jane's island, at the north point of Little Annamessex as far out as 
the bar, somewhere near where the light house now stands. I can re- 
collect back about 50 years, and that point has washed away half a 
mile in that time. I never heard of any line being run except by 
Michler, and he began at the sea-side and came this way. I was with 
him at Somers' Cove and Ape's Hole landing. 

Examined by Mr. Wise. 

I was with him at Somers' Cove, whilst he was boarding at my 
house, and the line came out at James Tawes's house, at the head of 
Somers' Cove north of the dwelling, less than 50 yards north down 
to the landing. 

CLEMENT K. STERLING. 



(Note. — I am informed by Mr. Aydelotte that a patent ought to be 
found from Virginia for part of "Long Point," owned by John Mason, 
the extreme northeast main of Accomack — a large body near to Sandy 
Hill, part in Accomack and part in Worcester county, Maryland — all 
now owned by Judge John E. Franklin, who novj? pays in both Mary- 
land and Virginia.) 



John Spence being next called, sworn and examined. 

Examined by Mr, Wise. 

As far as I know and am informed, I am in my 77th year of age; 
I will be 77 on the 25th day of December next; my age is not re- 
corded; I was born in Hog neck, on Smith's island; I was born in a 
house owned by my uncle John Parks, and on the land where he re- 
sided, and he resided where John Tyler now resides; Hog neck ran up 
north to a creek called the head of the creek, which used to be my 



206 

boat harbor in the time of the British war; Hog neck laid north and 
west of South point; it laid north and south lengthwise the island, on 
the western side, east of Tyler's creek, on the Chesapeake bay; Ty- 
ler's creek is called by that name up to Sheep hammock; and thence 
it lies north up to Tyler's ditch; Parks' ditch lies to the westward of 
Tyler's creek; David Tyler and Butler Tyler, were the original ownera 
of all the land of Oak hammock^ Horse hammock, clean down to 
Dunn point, where Aleck Tyler and John Wesley Marshall, Thomas 
Bradshaw, Stuart Evans, and one of Walter Marshsons, Benjamin Brad- 
shaw, and Tubman Evans, who lives close to the gum, now live; from 
John Parks' house to Dunn point, was near east by north, from a half 
to three quarters of a mile, as near as I can guess; John Parks was 
my mother's own brother, and my mother and father lived on his land to 
the westward of his house on the Chesapeake bay shore; when I was 
quite a boy, a dispute arose about where the line of Virginia and Ma- 
ryland ran; they said that the law of Virginia forbade Maryland from 
skiffing and gunning in Virginia, and several old people were called 
together to say where the line was; Kichard Evans, who lived at 
Kedge's straits, and who was called King Richard, because he was 
best off, I suppose, John Parks, and old man Jacob Bradshaw, who 
was quite a young man then, met at old uncle John Paiks', where 
young John Tyler now lives, and uncle John Parks said that the state 
line run between his dwelling-house and his kitchen; I was then, I 
think, but am not positive, about 18 or 19 years of age; I followed 
the water, and loved gunning, and had a skiff, and the noise scared 
the geese and other wild fowl of a night; my uncle got mad about my 
skiffing, and Jacob Bradshaw had a fowling point called Goose har- 
bor, and uncle King Richard had a fowling point called Fogg's point, 
where the lighthouse now stands, and that caused them to meet about 
my skiffing; there was some contention about the skiffing, and they 
came down upon uncle John Parks, on whose land I lived, about my 
skiffing, and they all agreed that that was the line, neither one said 
that that line between the house and kitchen was not the line; I stop- 
ped skiffing, and that line was always regarded by me and respected 
by me as the state line; I don't recollect of hearing about any mar- 
riages at the place, but the dwelling-house was in Maryland, and the 
kitchen in Virginia; and that line was always upheld by us on the 
island as the line between the two states; I know where Cow ridge 
used to be; I always called it Battle ridge; old uncle Solomon Evans 
always owned the place — it lies to the north, and eastward side of the 



207 

Little thoroughfare next to the Bain cove and Whit's cove; Terra- 
pin sands is still above, to the northward of that; the reason they 
gave, it the name of Battle ridge, was, that some of the boys went 
down to dig a cow hole, and they got to disputing and fighting, as I 
am told; there was no stone or tree, or other mark, on the line said 
to be at uncle John Parks' house; I never heard of any mark of a 
state line, except a gum tree where Tubman Evans now lives, and a 
stone at the mouth of the Little thoroughfare, at the end of Otter island; 
Otter island is, say 100 strides from the main marsh of Whit's cove, 
and Bain's cove is above, say half a mile, all on the sound side; I 
have seen the stone, it was not free-stone, and was not flint-stone, I 
thinkj but was like any other stone, washed deep in the ground; I 
mean to say, that it looked as if buried deep in the ground, and by 
washing had got rusty and mossy; it was not squared round, but was 
like a ridged coffin, and looked to be a pretty large stone; the old peo- 
ple always told me it was a state line stone; Horse hammock, where 
the house stands, was always in Virginia, as long as I remember; I 
left Smith's island 27 years ago, the 14th day of last November past;. 
I lived north of John Parks' dwelling-house, and always paid taxes 
in Maryland; I don't remember that John Parks ever paid any taxes, 
he would go from the one house to the other, so they told me; South 
point and Sheep hammock, up to Fishing creek, always paid taxes in 
Virginia; I cannot say where the people who lived where Johnson 
Evans on Horse hammock now lives, paid taxes; old man Jacky or 
John Tyler owned it until he run through it; I have always heard of 
a stone about a mile or three quarters of a mile north of Horse ham- 
mock, on east side of Smith's island, the one I have described at Ot- 
ter island, which was put there to mark the state line, as they told 
me; the old man Solomon Evans, who used to own the places I am 
telling you about, is dead; John Parks died before I removed from 
Smith's island to Sykes' island, where I live now; I think he died 
about 31 or 32 years ago, to the best of my recollection; I think he 
told me a short time before he died that he was 82, or in his 83 years 
of age, he was a very old man. That is about all I know, and these- 
things which I have told are very plain in my mind, as plain as my 
fingers. I have seen the gum tree at Tubman Evans'; I can't say 
how long it is since I saw it last, and can't say whether it was cut 
down or rotted down. 



208 



Examined by Mr. Jones. 

Otter island is about half a mile or three-quarters of a mile north 
of Horse hammock. As far as I remember back John T3'ler lived at 
Horse hammock house. He lived there before Peter Evans, during 
the war of 1812. I can't say how long he lived there; he was a jus- 
tice of the peace once, and it is likely he was and I think he was 
while he lived there. No family then lived south of John Parks's 
dwelling on Hog Neck. There was Shanks's where John Marshall 
lives, Horse hammock, and one family on Fishing creek. Two fami- 
lies then lived at Shanks's, Billy and Dicky Evans; the old man's son 
Dicky lived at Fishing creek. A. Hoflfman afterwards lived south of 
John Tyler. I have'nt been there for some years; when I have gone 
there it has been at the upper end to church. There was first John 
Parks, and all south of that, there were young Dicky Evans, at Fish- 
ing creek; Billy and Dicky Evans at Shanks's; Jacky Tyler, at Horse 
hammock, and these were all I remember south of John Parks's house 
at that day. Shanks's families were about 2 miles south of John 
Parks's. I did not know any ridge called Dogwood, and never heard 
of Pitscraft. I knew Tommy Tyler, son of David, and the land he 
lived on was called Drum point, on Tyler's creek. When I lived on 
Smith's island boating generally was our living, trading in oysters 
mostly. 

Re-examined by Mr. Wise. 

When I first began the boating business there was but very little 
trouble about the places where we oystered. We first bought oysters 
at Nanticoke and ran them to Washington. The Yankees came in 
large vessels and gave higher prices and drove us to the western shore 
of Virginia. We bought and carried but did'nt catch oysters gener- 
ally. Sykes's island as far as I remember has always been in Virginia, 
it lies about due east from Ape's hole. Rich hammock is north of 
John Park's house. 

his 
JOHN M SPENCE. 
mark. 



209 



CRISFIELD, Md., June 5th, 1872. 

The joint commissioners having adjourned on yesterday to meet to- 
day at Smith's island, to visit two 'stones, one at the mouth of a creek 
off " The Barn," and another on the west side of the island off the 
shore of the upper part of "Hog Neck," but the wind being very 
high and rendering the work impracticable on the island, they assem- 
bled to-day at this place. 

Present : Hon. I. D, Jones, Wm. J. Aydelotte, Esq., Col. William 
AVatts and Henry A. Wise, Esq., and they proceeded to read numer- 
ous patents of Virginia for land at and near the divisional line as 
therein called for, of which the following were read and noted : 

(Here insert my original, Mr. Jones has a copy.) 

And they also proceeded to take the depositions of the following 
witnesses : 

John W. Evans was first called, sworn and examined. 

I am 34 years of age last April, 1872; born on Smith's island where 
Benjamin Evans now lives. I was, when a small boy, shown a gum 
tree which stood on Old Orchard or Cow ridge, a little south of Mis- 
ter's thoroughfare, where Severn Bradshaw now lives. I have often 
swung in a swing on that tree, when quite a small boy; and was always 
told when swinging one way that I was in Virginia, and when the 
other way I was in Maryland. The tree is now gone, but the stump 
is there now, just the top of it above ground. I searched for it last 
Saturday, found it and have brought some of its pieces to this place. 
I am positive that is the stump of the gum tree which I swung on 
and which I was told was a line tree between the states of Maryland 
and Virginia in my early boyhood. A stone was lately found as I am 
told by Stephen T. Dies, John A. Evans and Caleb Evans, on the 
west side of the island off the Orchard ridge, near the north end of 
Hog Neck. I have not been at the stone, but it is now staked off 
in the Chesapeake bay with a flag on the stake, which I could see 
from the gum stump I have described, and the flag on that stone as 
shown to me is about a west course from the stumjj as near as I can 
judge without a compass. Another stone has been found, which I 
have seen at the mouth of a little creek through the marsh called Ot- 
ter creek I am told, south of "The Barn" point, on the east side of 
27 



210 

Smith's island. And the stone off Orchard ridge, and the gum stump, 
and the stone near Beaver hammoclj described by other witnesses as 
near Troy island bar, and the stone in the water off Otter creek, at 
the Barn point, all except the stump being now staked off with flags, 
range nearly east and west, as near as I can judge without a compass^ 
The stone off Orchard ridge, I am told, is a very large one, about 6 
by 9 feet, and is the same sort of stone, I am told, as that near Bea- 
ver hammock. I paid taxes once in Maryland, to Mr. Roach, the she- 
riff of Somerset county, when I lived at Horse hammock house, and 
he paid them back to me. There was another John Evans and he 
meant to collect from him; I paid taxes for my half of the Horse- 
hammock in Virginia; and I now live north of Horse hammock, on a 
part of Orchard ridge now called Rogue's point, which I bought about 
two months ago of Henry Dies, and the deed to me will be recorded 
in Accomack county, Virginia; the Rogue's point where I live pur- 
chased from Henry Dies has been always taxed in Maryland, though 
it is I know recorded in Virginia; the stakes and flags have been put 
at the stones within the past week since these commissioners have 
been here. You can from one stone see two of the flags; from either 
end of the line you can see the next flag but not the third, but from 
the centre you can see the flag at either end and tell whether the 
three are on a straight line. 

JOHN W. EVANS. 



Charles W. Marsh was next called, sworn and examined. 

1 was 33 years of age last November; I live on Rogues point. 
Smith's island. The first day I ever went to school, when about 9 or 
10 years of age, I swung on the gum tree described by Mr. John W, 
Evans and was told it was a line tree of the two states, Maryland 
and Virginia, and I can corroborate what has been already related by 

him Mr. Evans, both as to the and stones. I can add only that 

I believe the original Hog neck extended as high north as the stone 
found in the Chesapeake by Mr. Deis. The north end of Hog neck 
has washed at least 100 yards in my day, and is now cut through by 
two small creeks. 

CHARLES VV. MARSH. 



211 



CONTENTS. 



Copy of paper exhibited by Maryland commissioners in the deposi- 
tion of John Cullen. (^ -i t 1 , 

Extract from Maryland council proceedings, August 22, 1666, and 
note on same by Wise. J^. i. ^ 1 , 

Extract from records of Somerset county, September 2d, 1682, and 
notes by Mr. Wise, t . L i '1 , 

Earliest record December A. D. 1665 to 1668. f^ CL .' -? , 

Memoranda of colonial and commonwealth grants, '^^■'tt'i^i.i^f , 

Patents issued during the Regal Government of Virginia. (Pi^ -Ic o - 1 i O 

Accomack county index, ^x. i. < o - 1 1 q , 

Northampton index. (^ 1. i U , 



212 



MARYLAND COUNCIL PROCEEDINGS. 
Liber H. H. Folio 268. 

Commission to Stephen Horsey, William Stephens, William Thorn, 
James Jones, John Winder, Sidney Boston, George Johnston and 
John Whilliugton, to lay out a county, bounded on the south by a 
line drawn from Watkins' point, being the north point of Ytbay into weg 
the river Wighco (formerly called Wighcocomaco and afterwards Po- 
comoke, and now Wicocomaco, againg dotg) to the ocean on the east, 
Nanticke river on the north, and by the sound of Chesp. bay on the 
west," to be erected into a county by the name Summerset, in honor 
of our dear sister, Lady Mary Summerset. 

22 August, 1666.* 

Note by General Wise. 

Mr. Jones supposes Summerset was organized out of Dorchester. 
See same book. Worcester was carved out of Summerset by. act of 
assembly 1742. 



EXTRACT FROM RECORDS OF SUMMERSET Co., E. S. Va. 
Liber M. A. Folio 730. 

Deed : — John Evans of Accomack Co. in the Colony of Virginia 
from Henry Smith and Anne his wife of Summerset County in the 
Province of Maryland : — renter grant of Lord Baltimore of 2d Septm 
1682. Tract of land called Pitcraft — bounded &c. as per certificate 
7th June 1679. — parcel of land taken out of the said 1,000 acres — 
200 acres, beginning at a marked pine at North end of westernmost 
side of a Ridge of land called Dogwood Ridge, and running Southerly 
the length of 200 acres, with an East course for containing 

200 acres. 

Note hy Governor Wise. 

Several other deeds from same records, which will probably identify 
divisional line on Smiths' island. 

* This was before tbe>line was run. 



213 



EARLIEST RECORD OF SUMMERSET COUNTY, 
11th day of December, A. D., 1665 to 1668. 

Anne Toft of Accomack recites on Manoaken, granted in 

the year 1665, in the year 1667, 19th day of June, granted land 
of his and Randall Revell's land — the Double purchase or Araroso to 
Hannah & Cathern Revels. 



MEMORANDA OF COLONIAL AND COMMONWEALTH 

GRANTS. 



Date. 
1662— March 12. 
1663— October 2. 

1664 — June and Sept. 
1670— October 6. 
1678— April 4. 

1679— April 30. 

1680— April 20. 

1680— October 2. 

1699— October 26. 
1700— November 27. 



1703— October 23. 



1727— June 16. 



Robert Pitt — books 5; 4,000 acres. 

Col. E. Scarborough and John Wallas, 2,400. 

William Brittingham, east of Pocomoke, 450. 

Thomas Milbourne, Fox island N. of Watts' 
island. 

Col. S. Littleton, on the Forehead neck, N". 
side of King's creek at Pocomoke river. 

Maj. Gen'l John Custis, Cobham's island, in 
Pocomoke river. 

John Tankard, 2,000 acres, between Gingo- 
teag, Accomson and Pocomoke. 

John Carter, Foxes' North island. 

William Brittingham, 996, beginning at 
Kings' alias Pitt's creek, Bt^* on the divi- 
sional line betiveen Virginia and Mary- 
land. 

Francis Mackensne, Arcadia Melboune, Dan'l 
St. Thomas Jenifer, and John West, 3,804 
on Six island. 111^^5. S. H., near Nanti- 
coJce sound. 

John Marshal. To a marked oak, being one 
of the iW° division lines betiveen Virgin 
nia and Maryland. 



214 



1787— May 4. 



1791_October 34. 



1672— October 7. 



1680— October 2. 



1664 — April. 
June. 
August. 



1682— May 8. 
1686 — November 3. 

1694— April 20. 



1695— April 21. 

1700— April 24'. 
1672— April 24. 

1691— April 28. 



1656 — November 9. 



Sacker Nelson, northerly and easterly on Po- 
comoke sound, S. on the thoroughfare, W. 
on the Tangier sound. 

Richard Evans, on Queen's ridge, beginning 
at a marsh near Tangier sound. 

Where is Old Barn island, Piney island, Rich 
hammock.^ 

John Robins, bounded northward C^^ 6y 
tJie divisional line between Virginia and 
Maryland. 

Captain Daniel Jenifer, 2,500 acres, between 
Crooked cre^k and Pocomoke river, on the 
north Messongo creek — Gingoteague alias 
Jengoteage at Chincoteague. 

Col. E. Scarborough, 4,150 

Col. William Waters, 1,350 

John Wallop, alias Ward- 
Ion, 3,050 

8,550 acres. 

1 Lient. Col. Daniel Jenifer 3,890 on Assa- 
! teague; William Kendall 2,725 acres, 
f N. E. end of Chincoteague, including a 
J piney marsh called Piney island. 

Major John Robbins, 2,725, S. W. end of 
Chincoteague, including a little island of 
marsh. 

Captain John Custis, N. end Chincoteague. 

Hill Drummond, 183 acres on Pope's island. 

William Whittington, 5,800 acres, all Chin- 
coteague island. 

Major John Robins, 1,500 acres, being an 
island called Chincoteague island, and 
parted from the main neck of Chincoteague, 
Great Mattapony or Swanseacute and 
Chincoteague creek, and neck on the main. 

Daniel Selby, 600 acres, and one to Bishop, 

on Bockatenock creek, on Selby's bay. 
Edward Smith, 700, and John Peck, 400, 
both N. of Daniel Selby's. 



215 



1675— February 12. 



1674— April 9. 



1675— April. 
1672— March 26. 



1671— February 12. 



1672— October 3. 
1672— October 9. 
1672— October 7. 



1673— May 27. 



Daniel Jenifer and Anne (Taft) his wife, 
16,300, bounded east by Stokely's branch, 
and shows where Chincoteague creek on 
the main was. 

John Wallop, 450 on the Swanseacut or Mat- 
tapony. 

Samuel Taylor, 700, on Freshwater branch 
on Great Mattapony, by some called Swan- 
seacutts. 

Colonel S. Littleton, 1,000. 

Miles Gray, 400 acres, bounded northward 
on a southern freshwater branch of Great 
Mattapony, called Swanseacutes. 

Daniel Jenifer, 5,000 acres, called Chingo- 
teague, 3,000 of it granted to Colonel E. 
Scarbrough 20th June, 1664, and 2,000 
acres of same lying N. W. of the 3,000 
above. 

Captain John West, 1,000 acres on Chinco- 
teague creek. 

John Wallop, 650 acres on Gingoteague, alias 
Chingoteague, 

Thomas Nickson, at Chincoteague creek, ad- 
joining John Wallop. 

See back John Kobins, bounded northward 
by the divisional line between Virginia and 
Maryland. 

Thomas Mosier, 1,100 acres, in the upper 
part of the county, in the woods near Gin- 
gotake. 



216 



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221 

The following paper was copied by Hon. I. D. Jones, one of the 
oommissionerg of Maryland, aod exhibited in the deposition of John 
Cullen : 

Mr. Jones's caption is as follows : 

"Commission from the of Summerset to John S. Handy, 

John Cullen and Henry Thomas, of Summerset Co., in the state of 
Maryland, to lay off so much of Smith's island as lies within the body 
of Summerset county aforesaid, into a separate and additional election 
district," before 1st April, [Aug'st] 1836. Commission dated 8th 
April, 1835. Return dated 16th June, 1835. "'In pursuance of the 
said order, we have viewed, laid out, and return as follows for said 
election district, to wit : Beginning on the east side of said island at 
a place well known by the name of Dunn Point ; thence westerly 
cross to the bay, to a Hammock called Sassafras, lying on the bay 
€hore ; thence by and with the bay up to Kedge's straits ; thence by 
and with the sound to Dunn Point," to the beginning. "And that 
we at the same time have elected the Methodist meeting house as the 
most suitable and convenient place for holding the elections in said 
district. 

"In witness, &c., June 16th, 1835. 

JOHN S. HANDY. [Seal.] 
JOHN CULLEN. [Seal.] 
HENRY THOMAS. [Seal.] 
Liber G. H. No. 8, folio 35 and 36. 



FINAL REPORT 






VIRGINIA COMMISSIONERS 



lARYLAND AND VIRGIilA BODNDART 



GOVERJs^OR OF VIRGINIA. 




>j:r.\ 



RICHMOND: 

R. F. WALKER, SUPT. PUBLIC PRINTING. 

1874. 



